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ANDITI & ANOR (SUING AS THE LEGAL REPRESENTATIVES OF THE ESTATE OF GEORGE AWILI ANDITI)
V.
FOAM MATTRESS LIMITED

(2022) JELR 113268 (HC)

High Court 29 Dec 2022 Kenya
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Case Details

Suit Number:Civil Appeal E086 of 2021
Judges:R.E. ABURILI, JA
Location:Kisumu

JUDGMENT

  1. The appellants (plaintiffs in the subordinate court) sued the respondent under the provisions of the Fatal Accidents Act and the Law Reform Act for damages accruing from a fatal road accident that claimed the deceased’s life.

  2. It was averred in the plaint that the deceased, while riding a motor cycle and carrying the 2nd plaintiff and another passenger , were knocked down by a truck belonging to the respondent which was trailing them. The deceased succumbed to the injuries sustained therein out of which the plaintiffs blamed the respondent for negligence and the particulars thereof itemized under paragraph 4 of the plaint.

  3. The respondent filed his defence attributing negligence on the deceased’s part and denied the allegation that the appellants were entitled to the damages under the Law Reform Act and the Fatal Accidents Act.

  4. Consequently, evidence was taken in the matter. Dorcas Anditi testified as PW-1 and stated that the deceased was her son. That she did not witness the accid…

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