JUDGMENT
Myra Minayo (Myra) was driving her husband Aziri Kamu Mudika Lubia (Lubia) in his or their Peugeot 504 Saloon KPT 112 along the Meru Nyeri road towards Nyeri at 1.30 pm on Sunday July 2, 1978 and Gathogo Kanini (Kanini) was driving another vehicle KQR 334, which belonged to Kemfro Africa Limited trading as Meru Express Services (1976) (Kemfro) in the opposite direction and they collided at Kiganjo.
The Lubias had with them in this car their children – Margaret 9 1/2, Norbet 8 1/2, Olive 7 1/2, Peter 5 1/2, Ronald 1 1/2 - their ayah and the daughter of a friend.
Myra, Olive and Lubia were injured and were taken to hospital where Myra died the next morning and Olive and Lubia were treated and recovered. Both vehicles were a write-off.
Lubia brought an action in the High Court in Nairobi on July 24, 1979 under the provisions of the Law Reform Act (Cap 26) and of the Fatal Accidents Act (Cap 32) on behalf of and for the benefit of himself, the dependant of Myra and Myra’s estate agai…