Ngigi v Achoka & another (Suing as administrators of the Estate of Pamela Jane Akinyi Achoka (Deceased)) [2023] KEHC 26523 (KLR)

Ngigi v Achoka & another (Suing as administrators of the Estate of Pamela Jane Akinyi Achoka (Deceased)) (Civil Appeal 35 of 2020) [2023] KEHC 26523 (KLR) (Civ) (8 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26523 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Appeal 35 of 2020

DAS Majanja, J

December 8, 2023

Between

Pauline Ngigi

Appellant

and

Rosemary Nabwire Achoka

1st Respondent

Caroline Anyango Achoka

2nd Respondent

Suing as administrators of the Estate of Pamela Jane Akinyi Achoka (Deceased)

(Being an appeal from the Judgment and Decree of Hon.D. O. Mbeja, SRM dated 13th December 2019 at the Magistrates Court at Nairobi, Milimani in Civil Case No. 3452 of 2018)

Ruling

1. Before the Subordinate Court, the Respondents sued the Appellant as the registered owner of motor vehicle KBZ XXXU following a road traffic accident which took place on 26. 04. 2016 which resulted in the death of Pamela Jane Akinyi (Deceased). The Respondents brought this case for damages under the Law Reform Act (Chapter 26 of the Laws of Kenya) and the Fatal Accidents Act (Chapter 32 Laws of Kenya) for recovery of damages.

2. I have considered the evidence in this case and certain facts have stood out which call for investigation. According to the documents filed before the trial court, Rosemary Nabwire Achoka stated and verified on oath that she is the mother of Caroline Anyango Achoka. A copy of her identity card no. 76XXXXX shows she was born in 1982. At the time of the Deceased’s death she was aged 34 years old while the Deceased was aged 32 years old. This is a natural and legal impossibility.

3. This is a prima facie case of fraud. I therefore direct the Deputy Registrar of this court to forward this ruling and the court file to Directorate of Criminal Investigations, Nairobi to investigate the circumstances of this case, the particulars of the Deceased and her relationship with the said Rosemary Nabwire Achoka and all the matters relating to this suit including the letter dated 16. 06. 2023 written by Assistant County Commissioner, Samia Sub County in order to establish whether this claim is genuine.

4. The report shall be furnished to the court within the next 60 days from the date hereof.

DATED AND DELIVERED AT NAIROBI THIS 8THDAY OF DECEMBER 2023. D.S. MAJANJAJUDGEMs Nyambaka instructed by Mugo Githinji & Company Advocates for the Appellant.Mr Momanyi instructed by Musilli Mbiti & Associates Advocates for the Respondents.