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Eliphas Mutegi Njeri & another v. Stanley M'mwari M'atiri

(2010) JELR 102501 (CA)

Court of Appeal  •  Civil Appeal 237 of 2004  •  24 Jun 2010  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu



The appellants in this appeal were the defendants in the superior court whereas the respondent was the plaintiff. According to the pleadings filed in the superior court it was averred that the second appellant, Catholic Diocese of Meru, was the registered owner of motor vehicle Reg. KZB 929 Peugeot Pick-Up and that at the material time the first appellant was an employee of the second appellant. The particulars of the claim were that on or about 26th April 2000 while the deceased was lawfully walking far off the tarmac along Meru Ndabu Road at Twingithu River the 1st appellant negligently occasioned an accident whereof the deceased sustained fatal injuries. As a result, the respondent instituted HCC No. 149 of 2000 on behalf of the deceased estate and his dependants. As expected the defendants filed a joint defence on 14th December 2000 denying the alleged negligence. After a full hearing the superior court Onyancha J. gave judgment in favour of the respondent in …

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