TERESIA WANGARI KEZIAH AND MUKUHI MUIGAI (PERSONAL REPRESENTATIVES OF THE LATE ISAAC MACHARIA MUTUNGA)
V.
LOCHAB TRANSPORT LIMITED

(2022) JELR 113646 (CA)

Court of Appeal 18 Mar 2022 Kenya
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Case Details

Suit Number:Civil Appeal 82 of 2018
Judges:DK Musinga, JA HM Okwengu, JA MSA Makhandia, JA
Location:Nakuru

JUDGMENT

  1. This is a second appeal emanating from the judgment and decree of Honourable Mwinzi, the then Acting Senior Resident Magistrate at Naivasha Law Courts, delivered on 25th March 2015. In the suit leading to the said judgment and decree, the appellants had sued the respondent in their capacities as personal representatives of the estate of the late Isaac Macharia Mutunga who died in a road traffic accident on 2nd January 2009 while travelling in a motor vehicle registration number CHS-ST- 190-404 8254 Yuasa. (“Yuasa”). The said motor vehicle collided with motor vehicle registration number KAV 265 F/ZC 38822 (“ZC") owned by the respondent along Naivasha-Maai Mahiu road as per the pleadings by the appellants. The appellants claimed that were it not for the negligence of the driver of the ZC aforesaid, particulars of which they gave, the accident would not have occurred. The suit was defended by the respondent who filed a statement of defence denying the appellants' averments. It as…

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