MAIMUNA W/O PARICK MUTOO V. WILSON NJAU NYAKI

JUDGMENT OF THE COURT

On the 2^nd day of September, 1986 the husband of the appellant (hereinafter referred to as “the deceased”) was injured as a result of a traffic accident which occurred along Kubukubu Road, in Embu township. The deceased succumbed to his injuries and died on the 9^th day of September, 1986. The appellant instituted proceedings in the superior court against Mr. Wilson Njau Nyaki who was at the material time owner of motor vehicle registration number KRK 745, a white Chevrolet pick-up.

The respondent in his defence in the superior court claimed that his said vehicle was not involved in any accident on the 2^nd day of September, 1986. He denied driving along Kubukubu Road on that day. It is noteworthy that he had not even in his amended defence filed on 19^th October, 1990 taken the alternative defence of no negligence. His defence, simpliciter, was that his said vehicle was not involved at all in the suit accident.

Even in his evidence in the superior court his stand was …