Customer Support

ROMAN KARL HINTZ
V.
MWANG'OMBE MWAKIMA

(1984) JELR 93490 (CA)

Court of Appeal 26 Jul 1984 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 72 of 1983
Judges:Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller
Location:Mombasa
Other Citations:Roman Karl Hintz v. Mwang'ombe Mwakima [1984] eKLR

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…

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.