Customer Support

PGM (SUING AS A LEGAL REPRESENTATIVE OF THE ESTATE OF KMG - DECEASED)
V.
LAZARUS MUMO KIMATHI (ON BEHALF OF THE ESTATE OF ERASTUS MUTHAMIA KIARA (DECEASED)

(2022) JELR 113501 (CA)

Court of Appeal 4 Feb 2022 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 98 of 2017
Judges:RN Nambuye, JA W Karanja, JA KI Laibuta, JA
Location:Nyeri

JUDGMENT

  1. 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.

  2. 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.

  3. 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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.