JUDGMENT
Nyarangi Ag JA This appeal raises a short point of law as to whether the respondent as plaintiff in the action before the High Court, had the capacity or right or title to sue under the Law Reform Act, cap 26.
The plaintiff is described as the male parent of the deceased Mwakima Mwang’ombe. Paragraph 4 of the plaint, which is the basis of the claim for damages under the act, states:
“4. On or about the 1st day of May, 1980 at about 9.00 am the said Mwakima Mwang’ombe, deceased was lawfully crossing the main MOMBASA/ NAIROBI Road at Samburu when the Defendant so negligently drove and managed his motor vehicle registration number KPQ 995 that he caused the same violently to collide with the said MWAKIMA MWANG’OMBE who thereby sustained severe injuries from which he later died in hospital.
PARTICULARS OF NEGLIGENCE
The defendant was negligent in:
a) Driving at a speed which was excessive in the circumstances;
b) Failing to observe or heed the presence of the deceased on the said road;
c…