TITUS MUTINDA KIMITI V GEDION KAMAU KARANJA & ANOTHER [2009] KEHC 2264 (KLR)
- Court
- High Court of Kenya
- Case number
- 2264
- Citation
- [2009] KEHC 2264 (KLR)
The court dismissed the appellant's claim as no evidence was adduced by the appellant in support of his allegation that motor vehicle KVH 409 belonged to the 2nd respondent and was at all material times being driven by the 1st respondent as authorized driver or agent of the 2nd respondent.
Facts
The appellant, Titus Mutinda Kimiti, claimed damages for an accident involving a bicycle and a motor vehicle (KVH 409). The appellant alleged that the 2nd respondent, Nahashon M. Mwangi, was the registered owner of the motor vehicle and that the accident was caused by the negligence of the 1st respondent, Gideon Kamau Karanja, who was the authorized driver or agent of the 2nd respondent. The appellant produced a police abstract report as evidence of the ownership of the motor vehicle.
Issues
- Ownership of motor vehicle KVH 409
- Negligence of the 1st respondent as authorized driver or agent of the 2nd respondent
Reasoning
The court found that the appellant did not provide evidence to support his claim regarding the ownership of the motor vehicle and the negligence of the 1st respondent.
Outcome
Appeal dismissed
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