Janet Njoki Kigo (Suing as the personal representative of the estate of the late Benson Irungu Wanjohi) v Daniel Karani Gichuki [2016] KEHC 5923 (KLR)
- Court
- High Court of Kenya
- Case number
- 5923
- Citation
- [2016] KEHC 5923 (KLR)
The court held that the defendant was the owner of the accident motor vehicle and was wholly to blame for the fatal accident. The plaintiff was entitled to damages under the Fatal Accidents Act and Law Reform Act.
Facts
The plaintiff, Janet Njoki Kigo, filed a suit as the personal representative of the estate of the late Benson Irungu Wanjohi. The defendant, Daniel Karani Gichuki, was alleged to have negligently driven a motor vehicle registration No. KAT 940L, causing the death of the deceased.
Issues
- Ownership of the accident motor vehicle
- Blame for the fatal accident
- Entitlement to damages
- Court orders
- Costs of the suit
Reasoning
The court determined that the accident occurred and the defendant was the owner of the vehicle. The plaintiff's allegations of negligence were upheld, and the defendant's defense was rejected.
Outcome
The court delivered a judgment based on the clear and legible record left by Honourable D. Onyancha J.
Orders
- To determine the ownership of the accident motor vehicle
- To decide who was to blame for the fatal accident
- To decide on the entitlement to damages and the amount thereof
- To make appropriate court orders
- To determine the costs of the suit
Authorities cited
Legislation (2)
- Fatal Accidents Act
- Law Reform Act
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