Faith Mbula Lucas v Benson Macharia Maguta & another [2017] KEHC 9457 (KLR)

Facts

The deceased was a pedestrian fatally injured in an accident with a motor vehicle. The plaintiff sued the 1st defendant, who was the driver, and the 2nd defendant, who was the owner of the vehicle. The 1st defendant did not appear and file a defence, while the 2nd defendant denied ownership and claimed to be a total stranger to the plaintiff's allegations.

Issues

1. Whether the plaintiff proved her case on a balance of probabilities
2. Whether the search certificate produced by the 2nd defendant was the one to rely on
3. Whether an interlocutory judgment was entered against the 1st defendant
4. Whether the court dismissed the suit against the 1st defendant without giving the plaintiff a chance to serve him
5. Whether the burden of proof on the plaintiff as regards the ownership of the motor vehicle was not as high as that of the 2nd defendant
6. Whether the 2nd defendant applied to the court on 23rd September, 2006

Reasoning

The court found that the plaintiff failed to prove her case against the 2nd defendant on a balance of probabilities. The court also found that the 2nd defendant was not the owner of the vehicle, as the copies of records produced by both parties reflected different owners and different colors of the same vehicle.

Outcome

Appeal against the 2nd defendant dismissed with costs. Appeal against the 1st defendant succeeds.