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Equator Distributors v. Joel Muriu, Evan Kinyanjui, Associated Motors Limited & Al Malik Brothers Limited

(2018) JELR 102422 (CA)

Court of Appeal  •  Civil Appeal 342 of 2014  •  20 Dec 2018  •  Kenya

Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, James Otieno Odek



1. The 1st respondent filed a suit against the appellant, 2nd, 3rd and 4th respondents. In the suit, two legal questions arose for determination as follows: Is the seller of a motor vehicle liable for an accident that occurs while the vehicle is being driven by a driver employed by the vendor enroute delivery to the premises of the buyer? Upon sale of a motor vehicle, does the property and risk pass to the purchaser absolving the vendor from any liability for an accident in the course of delivery? These questions are at the centre of this appeal in determining liability between the appellant and the 3rd respondent.

2. The appellant, Equator Distributors Limited, entered into an agreement to purchase a new motor vehicle from Associated Motors Limited (3rd respondent). Pursuant to the sale agreement, the 3rd respondent sold motor vehicle lorry Registration No. KAL 970G to the appellant. The 3rd respondent’s place of business is Nairobi. It was gratuitously agreed bet…

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