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Joyce Gathoni Wathena & Elizabeth Njeri (Suing As Personal Representatives of Estate of Simon Kiarie Mburu v. Mbugua David & David Kiarie Mburu

(2020) JELR 100520 (CA)

Court of Appeal  •  Civil Appeal 279 of 2016  •  20 Nov 2020  •  Kenya

Coram
Mohammed Abdullahi Warsame, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal arising from a suit filed by the appellants, Joyce Gathoni Wathena and Elizabeth Njeri in the Chief Magistrate’s Court seeking general damages under the Law Reform Act and the fatal Accidents Act, special damages and costs of the suit, against the respondents, Mbugua David and David Kiarie.

2. The suit arose from a road traffic accident which occurred on 15th May 2012 at about 7.00 p.m. along the Oloitoktok- Emali Road. Simon Kiarie Mburu (the deceased) was riding motorcycle registration no KMCT 872B along the said road when he collided with motor vehicle trailer registration no KBP 493V/ZD 6740, suffered fatal injuries and died.

3. The motor vehicle was registered in the name of the 1st appellant but was owned by the 2nd respondent, David Kiarie. The appellants, who were the mother and wife of the deceased respectively, took out Letters of Administration and having done so, sued the respondents.

4. It was the appellants’ case that the acci…

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