Keziah & another (Personal Representatives of the Late Isaac Macharia Mutunga) v Lochab Transport Limited (Civil Appeal 82 of 2018) [2022] KECA 477 (KLR) (18 March 2022) (Judgment)

Facts

The appellants, Keziah and Mukui, are the personal representatives of the estate of the late Isaac Macharia Mutunga. The respondent, Lochab Transport Limited, was involved in a road traffic accident with a vehicle registered as CHS-ST-190-4048254 Yuasa, resulting in the death of the late Isaac Macharia Mutunga.

Issues

1. Whether the High Court erred in law by misdirecting itself on the question of the respondent's negligence
2. Whether the High Court shifted the burden of proof to the appellants
3. Whether the High Court demanded corroboration
4. Whether the High Court required the appellants to have taken out third-party proceedings
5. Whether the High Court misapplied the doctrine of res ipsa loquitur

Reasoning

The Court found that the High Court's decision was based on no evidence and a misapprehension of the facts, and that the doctrine of res ipsa loquitur was inapplicable in the circumstances of the case.

Outcome

Appeal dismissed

Authorities cited