Felicina Muthoni Wang’ondu v Moses Amadi & another [2016] KEHC 4617 (KLR)

Facts

The plaintiff, Felicina Muthoni Wang’ondu, claims that her deceased husband, John Charles Wang’ondu Muchiri, was fatally injured in a road accident caused by the 1st defendant, Moses Amadi, who was driving a motor vehicle registration No. KAN 039L belonging to the 2nd defendant, John Masinde Makomere. The 2nd defendant denies liability and claims he was not the actual owner of the vehicle at the time of the accident.

Issues

1. Whether the plaintiff has proved, on a balance of probabilities, liability against the two defendants
2. What is the quantum of damages payable to the plaintiff
3. What orders should this court make
4. Who should bear costs of this suit

Reasoning

The court determined that the 1st defendant was the beneficial owner of the vehicle, as evidenced by the plaintiff's pleadings, the police abstract, and the court traffic proceedings.

Outcome

The plaintiff's claim is upheld, and the 1st defendant is found liable.

Authorities cited