EAST AFRICAN SEA FOODS LIMITED V. MOHAMED TURKEY ABDI

JUDGMENT

JUDGMENT OF TUIYOTT, JA

1. At the heart of the controversy in this appeal is whether Mohamed Turkey Abdi (Abdi or the Respondent) successfully proved that he was the owner of motor vehicle registration number KAC 519Y as at 21st March, 2003 so as to have the locus standi to bring a claim against East African Sea Foods Limited (EASF or the Appellant).

2. On that day the said motor vehicle, an Isuzu lorry, was involved in an accident with motor vehicle registration KAP 461N along Nakuru-Eldoret Highway at Ngata Bridge. It is common ground that motor vehicle KAP 461N was owned by EASF. Both vehicles were damaged.

3. So as to seek relief for the damage suffered to the Isuzu lorry, Abdi filed Busia High Court Civil Suit No. 48 of 2005 Mohamed Turkey Abdi vs East African Sea Food Ltd in which he sought special damages of Kshs. 1,113,400.00 in repair costs, loss of user at Kshs. 15,000.00 per week for 12 weeks, Kshs. 15,000.00 being payment for the assessment report and payment of Kshs. 100.00 f…