JUDGMENT OF THE COURT
The appellant BEATRICE WAMBUI NGINGA (Beatrice) in her capacity as the wife and administrator of the estate of the late JOHN NGINGA KIMOTHO sued the respondents SAMUEL GICHURU KARIUKI, JOSEPH MATU MACHARIA, JAMES M. GITAU and JOEL WANYEKI on the 26th day of February 1991, claiming damages on behalf of the estate of the deceased and the deceased's dependants.
She averred in her suit that on the 29th day of February 1988 the deceased was lawfully travelling in motor vehicle registration number KXU 556 along Molo-Elburgon Road when the said motor vehicle, owned by the 4th respondent JOEL WANYEKI and driven by his driver, servant and/or agent, and motor vehicles registration number KYT 504 and KYC 498 owned by the second and 3rd respondents SAMUEL GICHURU KARIUKI, JOSEPH MATU MACHARIA respectively and driven by their drivers, servants and/or agents were so negligently and recklessly driven, managed and/or controlled that they were involved in a collision in which accid…