SARAPHINA NJERI V. CHARLES KARIUKI & ANOTHER

JUDGMENT

This is an appeal by Saraphina Njeri, the plaintiff in the original action, from the judgment and decree of the Chief Magistrate’s Court (Hon. Boaz Olao) at Mombasa whereby the Learned Chief Magistrate dismissed the appellant’s suit with costs. The appellant brought the action as the widow and personal representative of the estate of her deceased husband Simon Kiarie Ndung’u (hereinafter “the deceased”) against the respondents who were the defendants in the original action. The basis of the claim was pleaded in paragraphs 4, 5, 6, 7 and 8 of the amended plaint dated 5^th august 2004. It was that, at all material times the 1^st respondent was the registered owner of motor vehicle Registration No. KAL 863J, Nissan Pick up, while the 2^nd respondent was the registered owner of motor vehicle Registration No. TZA 9506/ARG 736, Volvo Trailer, and at the material time and date the deceased was a lawful passenger in the 1^st respondent’s said vehicle when the same was so recklessly driven…