Question
Steve Kinuthia sued Kithunzi Ltd in a personal accident claim. The trial took place before you, Haki Mheshimiwa, the Chief Magistrate at Taita Law Courts.
Steve Kinuthia sued Kithunzi Ltd in a personal accident claim. The trial took place before you, Haki Mheshimiwa, the Chief Magistrate at Taita Law Courts. According to Steve, he was riding his bicycle along the Maembe-Machungwa road when the driver of motor vehicle registration number KAB 2744W, who was trying to overtake a tractor, collided with his bicycle throwing him off the road. He was lucky to survive with a fracture at the arm. The area where the driver was over-taking was a blind corner with a big sign reading "no over-taking." The said motor vehicle KAB 2744W had writings in black ink "Kithunzi Ltd, P. O. Box 31 Eldoret.' Steve did not conduct any search on the ownership of the vehicle since, according to him, the ownership was self-evident from the inscriptions on the motor vehicle. According to Kithunzi Ltd, they are not liable for the accident since they were not the owners of the motor vehicle on the date of the accident. They had sold the motor vehicle to one Kennedy Wakulo three months before the accident and a transfer had immediately been done and registered in the name of the said Wakulo. They produced a search from the Registrar of Motor Vehicles confirming this position.
As a magistrate well-schooled in the essential contents of a judgement, write your judgement in this matter. Unnecessary verbosity is discouraged.
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