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Martha Ndiro Odero (suing as the administrator and Personal representative of the estate of Willy Patrick Ochieng Ndiro (Deceased) v. Come Cons Africa Limited

(2015) JELR 99276 (CA)

Court of Appeal  •  Civil Appeal 269 of 2008  •  25 Sep 2015  •  Kenya

Coram
Hannah Magondi Okwengu, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGEMENT OF THE COURT

1. The appellant, Maritha Ndiro Odero, has instituted this appeal against the judgment of Ang’awa J delivered on 17th October 2006 in the High Court at Nairobi in Civil Suit No.672 of 2001.

BACKGROUND

2. The appellant brought the said suit in the High Court on 26th April 2001 against Come-Cons Africa Limited, the respondent in this appeal, claiming general and special damages under the Law Reform Act (Cap 26) and the Fatal Accidents Act (Cap 32) and costs thereof on account of the death of her son, Willy Patrick Ochieng Ndiro, (deceased) then aged 32 years, who was fatally injured when the car he was driving (registration No.KAK 946Z) collided with motor vehicle registration No. KAJ 437P which was owned by the respondent.

The appellant alleged that the driver of motor vehicle KAJ 437P at Ngong Road, Nairobi was wholly to blame for the accident and was at the material time the agent and/or servant of the respondent.

3. Before filing the suit in the High Court, the app…

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