Kyoga Hauliers Limited v Malindi Parcels Service & another [2018] KEHC 4840 (KLR)
- Court
- High Court of Kenya
- Case number
- 4840
- Citation
- [2018] KEHC 4840 (KLR)
- Decided
- 7 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramKW, Ojwang, P.
Holding
The court held that the 1st defendant, Malindi Parcels Service, is the owner of motor vehicle registration No. KAW 483V Mitsubishi van.
Facts
An accident occurred on 6 February 2015 along Maai Mahiu road involving motor vehicle registration Nos. KAW 483V and KBS 096V/ZE 0199. The plaintiff, Kyoga Hauliers Limited, seeks special damages and loss of income.
Issues
- Who is liable for the subject accident?
- Who is the owner of motor vehicle registration No. KAW 483V Mitsubishi van?
- Are the defendants liable to pay special damages?
- Are the defendants liable to pay for the loss of income?
Reasoning
The court found that the 1st defendant sold the vehicle to the 2nd defendant on 13 January 2015 and the vehicle was in the possession of the 2nd defendant at the time of the accident.
Outcome
The appeal was dismissed.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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