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Kenya Horticultural Exporters Ltd v. Julius Munguti Maweu

(2010) JELR 100055 (CA)

Court of Appeal  •  Civil Appeal 9 of 2004  •  26 Mar 2010  •  Kenya

Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu



Kenya Horticultural Exporters Ltd, the appellant, brought this appeal challenging the decision of the superior court, given on 27th June, 2003, in which Nambuye J gave judgment in favour of Julius Munguti Maweu, the respondent, for a sum of Kshs. 1,416,328/= as damages under the Law Reform Act Cap 26.and the Fatal Accident Act Cap 32 both of the Laws of Kenya. The appellant challenges the decision on both liability and quantum of damages. Although the appellant has set out seven grounds of appeal, at the hearing of the appeal it became apparent that there are three broad grounds, namely:

(1) Whether there was a basis or proper basis for holding the appellant vicariously liable for the negligence if any, of the driver of its vehicle Reg. No. KXI 424, which was involved in the accident giving rise to this case and which at the material time of that accident was not being driven for the employer’s direct benefit.

(2) Whether the aforesaid accident occurred as a result …

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