JUDGMENT OF THE COURT
This is an appeal from the judgment and decree of the Hon. Mr. Justice Omondi Tunya delivered on 28th March 2002 in Eldoret High Court Civil Case No. 40 0f 1997.
The appellant, who was the plaintiff in the superior court, is Sammy Ngigi Mwaura (suing as the Administrator of the Estate of Mwaura Muturi hereinafter “the deceased”).
The deceased was killed as a result of a road accident which took place on the Nakuru /Eldoret road on 10th November 1994.
The accident involved three vehicles. One vehicle was a motor tractor registration number KXS 065 (hereinafter “the tractor”). The second vehicle was a trailer attached to the tractor and the third was a lorry.
It was not disputed that the deceased was a passenger lawfully traveling on the trailer when a violent collision occurred between the lorry registration number KAC 135 and the trailer.
At the time of the collision the lorry was being driven by a driver employed by Gohil Soap Factory Ltd in the course of his employme…