Tabitha Moraa Ratemo (suing as a Legal Representative And Administrator of the Estate of Timothy Ratemo Nyamboga (Deceased) v David Mbugu [2021] KEHC 2598 (KLR)
- Court
- High Court of Kenya
- Case number
- 2598
- Citation
- [2021] KEHC 2598 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Chief Magistrate's CourtCoramFRED A. OCHIENG
Holding
The Appellant failed to prove negligence against the Respondents and the appeal is dismissed.
Facts
Timothy Nyamboga was driving a Toyota Saloon vehicle when it was hit by a Mitsubishi Fuso vehicle driven by the Defendant's driver. Timothy sustained serious injuries and died.
Issues
- Duty of the Third Party (Robert Orango) to the deceased Timothy Nyamboga
- Apportionment of liability between the Defendant and the Third Party
Reasoning
The Appellant did not prove how the accident occurred and the Third Party was not driving the vehicle involved in the accident.
Outcome
Appeal dismissed
Orders
- Costs to be paid by the Appellant to the Respondents
Authorities cited
Cases cited (1)
- ZOS & CAO (Suing as the Legal Representatives in the Estate of SAO (Deceased) Vs Amollo Stephen [2019]eKLR
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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