Arthur Mwaura Kariuki v Peter Macharia Kamau & another; Sumry Bus Service(Third Party) [2020] KEHC 2641 (KLR)
- Court
- High Court of Kenya
- Case number
- 2641
- Citation
- [2020] KEHC 2641 (KLR)
- Decided
- 9 October 2020
The plaintiff failed to prove that the 2nd defendant was the registered owner of the subject vehicle. The 1st defendant is held liable for negligence, and the 1st defendant can seek indemnity from the third party, who was served but did not participate in the proceedings.
Facts
The plaintiff, Arthur Mwaura Kariuki, sued the 1st and 2nd defendants for negligence resulting in the death of his mother, Ann Njambi Kariuki, at a roundabout on February 8, 2008. The 1st defendant was the driver of the subject vehicle, and the 2nd defendant was the registered owner. The 2nd defendant was not shown to be the registered owner of the subject vehicle.
Issues
- Ownership of the subject vehicle
- Negligence of the 1st defendant
- Contributory negligence of the deceased and the 2nd defendant
- Liability of the third party
Reasoning
The plaintiff did not provide evidence of the 2nd defendant's ownership of the subject vehicle. The evidence suggests the 1st defendant was negligent, and the plaintiff failed to prove the deceased or the 2nd defendant contributed to the accident.
Outcome
The appeal is dismissed.
Orders
- The 1st defendant is held liable for negligence.
- The 1st defendant can seek indemnity from the third party.
Remedies
- General damages
- Costs of the suit
- Interest on the costs
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
Cases cited (1)
- Embu Public Road Services Ltd v Riimi
Loading judgment…