The High Court found that while the appellant was the registered owner of the accident motor vehicle, it had leased the vehicle to the National Treasury for use by the National Police Service, who had actual possession and control at the time of the accident. However, the lease agreement provided that the appellant would be indemnified by the lessee (the Government) for any claims arising from use of the vehicle, and insurance was to be maintained at the lessee's cost. The court held that the failure to enjoin the Attorney General or National Police Service as parties, or to pursue third party proceedings, did not extinguish the respondent's claim against the appellant. The appellant remained liable as registered owner, but could seek indemnity from the Government under the lease. The trial court's apportionment of 100% liability to the appellant was upheld, and the assessment of damages was largely affirmed, with minor adjustments. The appeal was dismissed and the respondent's award revised to Kshs 4,555,580 plus costs.