ATP2025 Civil Litigation – Assignment 1 Memo | Due March 2025

Description

ATP2025 Civil Litigation – Assignment 1 | Due March 2025. TWO ANSWERS PROVIDED. ATP 2025 – CLASS B – CIVIL LITIGATION – ASSIGNMENT 1 Bogus Crankshaft is an expatriate in the motor vehicle engineering sector in the Republic of Kenya having served in such reputable companies as Gari Fake Enterprises Ltd, Kichwa Tembo Tele Motor Clinic Ltd and now Gari Mutumba Motors Ltd. His country of origin is Germany. He is reputable to be particularly savvy with German models of motor vehicles. He is therefore known among many of the country’s political and economic elite who are the popular market of these brands of motor vehicles. His employers have historically regarded him highly and his current salary is Ksh. 2,450,000.00 per month. Over Christmas vacation he was driving his top of the range vehicle registration number KCZ 001A for the festivities. This time round, his family and him had been booked for a two-week vacation at an exclusive resort known as Munyonyo in Eastern Uganda. As they approached Gilgil, a lorry loaded with construction material suffered a brake failure. It, therefore, rolled back into the car he was driving causing it such damage that the car was only described in the reports of motor vehicle assessment specialists as a write off. Due to what Crackshaft describes to you as modern wonders on the road, his wife and children suffered no harm whatsoever. Crankshaft himself lost both his lower limps and all the fingers on both of his hands. He was flown to Germany for ultra-modern medical care and within one month he had recovered albeit with the disability of lack of limps and fingers. Such medication does not come easy. He had to part with Ksh. 35,000,000 for the same. His damaged car had, of course cause him a fortune, that is, Ksh. 12,230,000 all inclusive. He can no longer discharge his functions as a mechanic and his employer had had to lay him off. He is now 42 years of age and his employment contract had provided for his retirement as the age of 60 years. He blames all these tribulations on Martin Mulevi, the driver of the lorry KWS 225A who had been retained as a driver by Gari Mzee Transporters Ltd, the owner of the said lorry which rammed into his car on the fateful day, December 18, 2024. He is in your chambers seeking legal action against his perceived wrong doers. Having taken the instructions as above, prepare a legal opinion to your client and draft a demand letter.