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Rosemary Mwasya v. Steve Tito Mwasya & Jacinta Ndinda Muendo (Both Suing as the Legal Representatives of the Estate of Sherrina Koki Tito Deceased)

(2018) JELR 95770 (CA)

Court of Appeal  •  Civil Appeal 100 of 2017  •  16 Feb 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu

Judgement

JUDGMENT OF THE COURT

The appeal arises from the Judgment of the High Court (J.K. Sergon, J.) Dated the 6th day of November, 2015.

The background to the appeal is that, the respondents sued the appellant vide a plaint dated the 20th day of June, 2011, in their capacity as legal representatives of the estate of the deceased, seeking both general and special damages, together with attendant costs. The cause of action arose from a fatal accident that occurred on the 11th day of December, 2010, involving motor vehicle registration number KBR 100B owned by the appellant, and in which the deceased was travelling as a lawful passenger.

In the said plaint, the respondents set out particulars of negligence attributed to the appellant in the manner she drove, controlled and or managed the said vehicle resulting in the said fatal accident:

The appellant filed a defence dated the 27th day of July, 2011, averring inter alia that the accident was wholly caused by, and/or was substantially contributed t…

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