You are a newly admitted advocate who has been employed by the firm of Wakiii and Company Advocates of Gcrofa House, 3 ‘d floot% Moi Avenue, P.O. Box 34031 00100 Nairobi. On 31″ January, 2017, the Senior Partner in charge of iitigation referred Esther Kanunka to you with a request that you take instructions from her.
Esther told you that on the 1 5th day of January 2015, her late husband Peter Kanunka was driving his motor vehicle registration number KCB 300V along the Kiambu-Nairobi Road. He was with their son John Kanunka who was seated on the front passenger seat. As Peter was approaching the Thika„Nairobi highway, Llyod Musonda, a resident of Nyeri County who was driving motor vehicte regi5tration number KTF 324 from the opposite direction started overtaking the vehicles that were ahead of him without first ascertaining whether it was safe to do so.
As a result, the two vehicles collided head-on and both Peter and John sustained serious injuries. John sustained the following injuries: multiple soft tissue injuries, a fracture of the right upper arm, a fracture of the distal femur right thigh bone, íacture of the petvis and a fracture of the distal right wrist. He was admitted at the Nairobi Hospital for three weeks and was discharged after his condition improved. Peter was pronounced dead on arrival at the hospital.
Esther gave you the following documents;
A death certificate, a police abstract, a Grant of Letters of Administration in her name, receipts for medical expenses in the sum of Kshs.2,785,459/-, a receipt for fees paid for a medical report in the sum of Kshs.5,000/”, a receipt for fees paid for a police abstract in the sum of Kshs.100/”, a pay-slip indicating that Peter used to earn a net monthly salary of Kshs.560,000/ , receipts for burial expenses in the Sum of kshs.540,000/-, a medical report, a birth certificate for John indicating that he was born on 1 0th May, 2002, a judgement in a Kiambu Traffic case Number 331 of 2015 indicating that Llyod was convicted of the offence of causing death by dangerous driving and was sentenced to serve two (2) years imprisonment and a letter from her area Chief indicating that the deceased left John and herself as the only dependants surviving him.
Upon perusal Of the documents you noticed that:
L.Iyod Musonda is the registered owner of the motor vehiC(e registration number KTF 324 and his Postat address is P.O. Box 341 10100 Nyeri. Esther’s postal address is P.O. Box 415 00900
Kiambu. John will require further surgery to remove the metal fixations at a cost of and that peter was aged 42 years old at the time of his death.
Esther told you that she depended on her husband for the provision Of sheitet, payment of school fees for their son and other expenses and that by his deathb she has suffered loss and damage.
You have discussed the matter with the senior partner and agreed that you draw appropriate pteadings to be filed in court.
Draw the pleadings as agreed, excluding a list of witnesses, witness statements and a list of documents.Civil Litigation-1