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Anne Wambui Ndiritu (Suing as Administrator of the Estate of George Ndiritu Kariamburi -Deceased) v. Joseph Kiprono Ropkoi & Four By Four Safaris Company Ltd

(2004) JELR 105523 (CA)

Court of Appeal  •  Civil Appeal 345 of 2000  •  10 Dec 2004  •  Kenya

Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Erastus Mwaniki Githinji



This is a first appeal from the judgment of Juma, J. delivered at Nyeri on 9th October, 2000 in a road traffic accident case in which a heavy duty lorry collided with a motorcycle, killing the motorcyclist. The widow of the motorcyclist sued the driver and owner of the lorry for damages but the suit was dismissed, hence this appeal.

George Ndiritu Kariamburi (hereinafter “the deceased”), a 34–year old, was employed by M/S Kenya Power and Lighting Co. Ltd as a meter reader in Nyeri area and was assigned a motorcycle for that purpose. He lived with his wife and two children at Mweiga. On the 16th March 1998, at about 5.30 p.m., the deceased was heading to Mweiga from Nyeri direction and was going uphill in a section of the road that has blind corners. At the same time, three motor vehicles were negotiating the same corner to go down hill from the opposite direction, Mweiga towards Nyeri. One was a matatu vehicle, followed by a heavy duty lorry carrying camping equipm…

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