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Abdi Ali Dere v. Firoz Hussein Tundal, Firoz Hussein Tundal Asif Hussein Adam (Both Trading As Tundal Transporters) & Mwabire Chidzao Kadungo

(2013) JELR 105543 (CA)

Court of Appeal  •  Civil Appeal 310 of 2005  •  20 Sep 2013  •  Kenya

Wanjiru Karanja, Patrick Omwenga Kiage, Kathurima M'inoti



This appeal arises from a motor accident that occurred on 31st July 2002 on Mombasa Road near a place called Machinery. The accident involved two vehicles, Registration Nos. KAH 141H-ZA 5542, Mack semi trailer tanker and KXW 371, Mitsubishi lorry. The former was owned by the appellant, ABDI ALI DERE, and was being driven by Hussein Mohammud Abuke who died in the accident. The latter was driven by the 3rd respondent, MWABIRE CHIDZOA KADUNGO, though the capacity in which he was driving as well as the owner of the lorry, were hotly disputed.Following the accident, the 3rd respondent was on 8th August, 2002 charged before the Resident Magistrate’s Court, Makindu in Traffic Case No 5 of 2002, with causing death by dangerous driving contrary to section 46 of the Traffic Act, Cap 403 Laws of Kenya. On 29th April, 2003 he was convicted as charged and sentenced to a fine of KShs.4,000/- or 9 months imprisonment in default. In addition, he was banned from driving any motor …

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