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Premier Diary Limited v. Amarjit Singh Sagoo & Kurshbikaur Hart Jeet Singh Chandha (Suing as the legal administrator of the Estate of Harjeet Singh Charan Singh Chandha

(2013) JELR 93855 (CA)

Court of Appeal  •  Civil Appeal 312 of 2009  •  22 Nov 2013  •  Kenya

John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai



By a Plaint filed on 21st February, 2001 at the High Court of Kenya, Kisumu, the 2nd Respondent Kurshbikaur Harjeet Singh Chandha (the plaintiff) suing as legal administratrix of the estate of the late Harjeet Singh Charan Singh Chandha (deceased) sued the appellant Premier Diary Limited (the 2nd defendant) and the 1st respondent Amarjit Singh Sagoo (the 1st defendant) arising from a road traffic accident which occurred on 30th April, 1999 along Kenyatta Avenue, Kericho, which resulted in the death of the deceased. That plaint was amended once. The Plaintiff made various averments in the Plaint and prayed for special and general damages and costs of the suit. The defendants filed separate statements of defence denying occurrence of the accident and liability. The first defendant went further – he attributed negligence for the accident to the deceased and gave various particulars of negligence.

The suit was heard by Warsame, J ( as he then was), who in a considered…

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