Equator Distributors v Joel Muriu & 3 others [2018] KECA 53 (KLR)
- Court
- Court of Appeal
- Case number
- 53
- Citation
- [2018] KECA 53 (KLR)
- Decided
- 20 December 2018
The appellant, Equator Distributors Limited, is not liable for the negligence of the 2nd respondent, Evan Kinyanjui. Instead, the 3rd respondent, Associated Motors Limited, as employer of the 2nd respondent, is vicariously liable for the negligence of the 2nd respondent. The appellant, the 2nd and 3rd respondents are all liable in contributory negligence.
Facts
Equator Distributors Limited purchased a new motor vehicle from Associated Motors Limited. The vehicle was delivered to Equator's premises in Voi. On April 10, 1999, the vehicle was involved in a road traffic accident, resulting in the death of the driver of another vehicle.
Issues
- Is the seller of a motor vehicle liable for an accident that occurs while the vehicle is being driven by a driver employed by the vendor enroute delivery to the premises of the buyer?
- Upon sale of a motor vehicle, does the property and risk pass to the purchaser absolving the vendor from any liability for an accident in the course of delivery?
Reasoning
The court held that the appellant did not owe a duty of care to other road users as the accident occurred during the delivery of the vehicle. The sale agreement did not create a contractual relationship for purposes of delivery, thus no indemnity was available to the appellant.
Outcome
The appeal is dismissed. The appellant, the 2nd and 3rd respondents are jointly and severally liable for 70% of the damages awarded by the trial court.
Orders
- The decree from the trial court is executed as against the appellant, the 2nd and 3rd respondents, jointly and severally, to the total exclusion of the 4th respondent.
- The appellant, the 2nd and 3rd respondents are to bear one third of the costs and liability in the 70% contributory negligence.
- The 4th respondent shall bear its own costs at the High Court and in this appeal.
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