EUNICE NAFULA TEMBA v MULTIPLE HAULIERS (EA) LTD [2011] KEHC 3976 (KLR)
- Court
- High Court of Kenya
- Case number
- 3976
- Citation
- [2011] KEHC 3976 (KLR)
- Decided
- 23 February 2011
AI Summary
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Machine-generated — may contain errors. Not legal advice.
Typecivil appealPostureappeal from a decree and order of R.Nyakundi, CM in Bungoma CMCC No.437 of 2006CoramD.A. ONYANCHA
Holding
The court found that there was a later/mechanical defect in the subject motor vehicle which gave way and released the rim or wheel that eventually crashed the deceased.
Facts
The deceased, Silvanus Kirionge Simiyu, died in a motor vehicle accident on April 27, 2005. The plaintiff, Eunice Nafula Temba, was the administrator of his estate. The accident occurred when the deceased was hit by a disengaged tyre from the defendant's vehicle while cycling on the left side of the road.
Issues
- whether the sudden disengagement of the wheel and its crashing of the deceased was caused by the negligence of the defendant through the principle of vicarious liability
Reasoning
The court determined that the accident was caused by a mechanical defect in the vehicle, not the negligence of the driver or the plaintiff.
Outcome
Affirmed
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