JUDGMENT
This is a second appeal arising from the judgment in the High Court of Kenya at Meru (A. Ong’injo, J) dated 4th May, 2017 in Civil Appeal No. 50 of 2012.
The background to the appeal is that the appellant, PGM (suing as a legal representative of the estate of KMG (deceased) filed a plaint dated 15th June 2010 in the Senior Resident Magistrate’s Court at Chuka being Civil Case No. 28 of 2010 against one, Lazarus Mumo Kimathi, who is now deceased, and who is represented in these proceedings by Erastus Muthamia Kiara.
In the plaint, the appellant’s averments were inter alia that at all material times relevant to the suit, the respondent was the registered owner of motor vehicle Reg. No. KBB 663L canter; that on 3rd June 2009, KMG, a minor, was walking along Kathua-Mungoni road when the respondent by himself, his driver and or employee so negligently drove, and/or managed motor vehicle Reg. No. KBB 663L along the said road that it ran over the said child thus occasioning his fatal i…