Pauline Wangare Mburu v Benedict Raymond Kutondo & another [2005] KEHC 2370 (KLR)
- Court
- High Court of Kenya
- Case number
- 2370
- Citation
- [2005] KEHC 2370 (KLR)
- Decided
- 13 May 2005
The driver of motor vehicle registration number KAM 466B is solely liable for the accident, and the defendants are jointly and severally liable for the death of the deceased.
Facts
The plaintiff, Pauline Wangare Mburu, is the administrator of the estate of Daniel Mburu Kimani, who died in a road accident involving two motor vehicles. The defendants, Benedict Raymond Kutondo and Scooby Enterprises Ltd, were sued for damages.
Issues
- Whether the defendants were solely liable for the accident resulting in the deceased's death.
- What the quantum of damages should be for the deceased's estate.
Reasoning
The evidence shows that the driver of the Canter, registration number KAM 466B, lost control and hit the Nissan, registration number KAH 129V, which was parked at a bus stage. The court finds the driver solely liable and the defendants jointly and severally liable.
Outcome
The defendants are ordered to pay damages to the deceased's estate.
Orders
- The defendants are ordered to pay damages to the deceased's estate.
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