JUDGMENT OF THE COURT
For determination by this Court are Civil Appeals Nos. 3, 4, 5, 6, 7 and 8 all of 2016. The appeals were consolidated by consent of the parties and Civil Appeal No. 3 of 2016 was taken as the running file. The appeals arise out of a road traffic accident that occurred on 22nd September, 2009, when a Nissan matatu ferrying passengers rammed into a stationary lorry along the Mombasa-Malindi highway causing the passengers in the matatu to sustain varying degrees of injuries including some fatalities.
Arising from the accident, 15 suits were filed against the owners of the two motor vehicles by Messrs. Wambua Kilonzo and Co. Advocates acting on behalf of some the passengers in the matatu, for recovery of damages, jointly and severally. The owners of the matatu were defended by the firm of Kairu and McCourt Advocates, whereas the firm of Menezes Oloo and Chatur Advocates represented the owners of the lorry. After the plenary hearing of the test suit by the trial court, …