MEHUL NEMCHAND HARIA V. HOMBE SAW MILLS & JAMES MAINA WERU

JUDGEMENT OF THE COURT

1. MEHUL NEMCHAND HARIA, the appellant, is the son of Nemchand Velji Haria (the deceased). On 24^th August 1989 along Karatina/Nairobi road the deceased was a passenger in motor vehicle registration number KMY 145 which collided with motor vehicle registration number KMQ 945 owned by Hombe Saw Mills (the 1^st respondent) and driven at the material time by James Maina Weru (the second respondent). The appellant alleged that the 2^nd respondent negligently parked motor vehicle registration number KMQ 945 on the road and caused motor vehicle KMY 145 to collide with it. The appellant’s father sustained severe injuries in the accident from which he later died. He lost normal expectation of life.

2. After the accident, the second respondent was charged in Karatina Traffic Case No.59 of 1991 with two counts of causing death by dangerous driving under S.46 of the Traffic Act, Cap 403 and with a third count of using a defective motor vehicle on the road contrary to Section 55…