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Robert Njoka v. Alice Wambura Njagi, Nancy Gaturi Ireri, Nicholas Mwaniki & Stephen Ezekiel Njiru

(2013) JELR 96691 (CA)

Court of Appeal  •  Civil Appeal 241 of 2008  •  16 May 2013  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



A road traffic accident involving vehicle registration no. KAC 606 P took place on 23rd December 1998. Two fare paying passengers in the vehicle were injured; these were the 1st and 2nd respondents. The driver was the 3rd respondent.

At all material times, motor vehicle KAC 606 P was registered and insured in the name of the appellant. The appellant employed the 4th respondent as a driver in his business to drive various vehicles.

On 21st November 1998 prior to the accident, the 4th respondent entered into a sale agreement with the appellant to purchase motor vehicle registration no. KAC 606 P at Ksh. 400,000/=.The 4th respondent was to complete the purchase price by way of monthly installments. The vehicle was not transferred to the name of the 4th respondent. The insurance cover remained in the name of the appellant and was not terminated. Both the Registrar of Motor Vehicles and the Insurance Company were not advised of the sale of the vehicle.

The appellant testiā€¦

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