CASTLE FOREST LODGE LIMITED
V.
JLB (SUING ON HIS OWN BEHALF AND AS ADMINISTRATOR OF THE ESTATE OF SMB AND MCB) & 2 OTHERS

RULING OF THE COURT

1. On or about the 3^rd of January, 2010 the 1^st respondent, JLB, accompanied by his wife, an infant daughter and three other adult relatives booked themselves as visitors or tourists at a Lodge within the Mount Kenya Forest Game Reserve that was operated by the applicant. The following day, the 1^st respondent in the company of his family went on a nature walk in the forest under the guidance of a tour guide introduced to them by the applicant’s manager. By a sad twist of fate, an irate elephant charged at them and although the 1^st respondent, his other three relatives and the tour guide managed to escape, the respondent’s wife and daughter were not lucky; they were trampled to death by the elephant.

2. The 1^st respondent sued the applicant for loss of his wife and daughter as the owner of the Lodge where they were staying on account of negligence and breach of duty of care to them as lawful occupiers of the Lodge. The suit was defended by the applicant Castle Forest …