Robert Njoka & Alice Wambura Njagi & 3 others

JUDGMENT OF THE COURT

A road traffic accident involving vehicle registration no. KAC 606 P took place on 23^rd December 1998. Two fare paying passengers in the vehicle were injured; these were the 1^st and 2^nd respondents. The driver was the 3^rd respondent.

At all material times, motor vehicle KAC 606 P was registered and insured in the name of the appellant. The appellant employed the 4^th respondent as a driver in his business to drive various vehicles.

On 21^st November 1998 prior to the accident, the 4^th respondent entered into a sale agreement with the appellant to purchase motor vehicle registration no. KAC 606 P at Ksh. 400,000/=.The 4^th respondent was to complete the purchase price by way of monthly installments. The vehicle was not transferred to the name of the 4^th respondent. The insurance cover remained in the name of the appellant and was not terminated. Both the Registrar of Motor Vehicles and the Insurance Company were not advised of the sale of the vehicle.

The appellant testi…