HANNAH WAMBUI (SUING ON BEHALF OF THE ESTATE OF NDUNG'U NGANGA (DECEASED) V. KAGWE TEA FACTORY LTD & PETER GIKAMI WANJAMA

JUDGMENT OF THE COURT

This is an appeal by Hannah Wambui, suing on behalf of the Estate of Ndung’u Nganga, deceased, from a judgment of the superior court (Rawal, J) delivered in Nairobi on 15^th July, 2002 in which the appellant was awarded a sum of Kshs.89,120/= as damages arising out of the death of her husband in a road traffic accident which occurred on 9^th March, 1998 along Karatina Ngenya Road in Githunguri District.

The appellant’s claim in the superior court was based under the Fatal Accidents Act and the Law Reform Act. In her plaint, the appellant (plaintiff in the superior court) averred that on 9^th March, 1998 at about 8.00 pm her husband, Ndung’u Nganga, the deceased, was walking along the Karatina Ngenya Road, when Peter Gikami Wanjama, the 2^nd respondent, driving the motor vehicle reg. no. KAH 369Y belonging to Kagwe Tea Factory Ltd, the 1^st respondent, negligently caused the accident, killing him almost instantly.

The learned Judge found that the aforesaid accident was in…