Captain Motorcycle Manufacturing Co Ltd v James Maxwell Okiri Mochache & another [2020] KEHC 2194 (KLR)

Facts

The 1st respondent was injured after being knocked down by a motorcycle registration KMDC 392X, which was being ridden by the 2nd respondent. The 2nd respondent did not appear or file any defense.

Issues

1. Whether the appellant was liable for the 2nd respondent's acts of negligence
2. Whether the lower court erred in holding the appellant liable for the 2nd respondent's acts

Reasoning

The appellant produced a motor cycle sale agreement dated 23rd August, 2013, which was admitted in evidence by consent. The lower court placed emphasis on the fact that the original sale agreement was not produced and that the copy of records dated 27th February, 2014 indicated the motor cycle was owned by the appellant. The court held that the provisions of Section 8 of the Traffic Act are not absolute and that the appellant produced evidence to prove that it was the owner of the motor cycle.

Outcome

The appeal is allowed

Authorities cited