Philomena Mutheu Nzyoka (Suing as a Legal Representative of the Estate of the Late T K M) v Transpares Kenya Limited [2016] KEHC 985 (KLR)

Facts

The plaintiff, Philomena Mutheu Nzyoka, filed a suit against Transpares Kenya Limited alleging that the deceased, Timothy Kiema Musango, died in a road traffic accident while in lawful employment of the defendant.

Issues

1. Whether there was an accident involving the deceased Timothy Kiema Musango.
2. Whether the deceased was in the lawful employment of the defendant at the material time of the alleged accident.
3. Whether the deceased was in the course of his employment when the alleged accident occurred and whether the motor vehicle he was driving belonged to the defendants.
4. Who was to blame for the accident as alleged.
5. Whether the plaintiff herein has locus standi to institute this suit.
6. Is the suit herein tenable?
7. What damages if any would the plaintiff be entitled.
8. What orders should this court make.
9. Who should bear costs of this suit/ to?

Reasoning

The court considered the plaintiff's claim, the defendant's defense, and the evidence presented. The plaintiff's evidence was uncontroverted, and the court found that the deceased was in lawful employment and that the motor vehicle belonged to the defendant.

Outcome

Affirmed

Authorities cited