ATP2025 – CLASS B – CIVIL LITIGATION – ASSIGNMENT 1 2025

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ATP2025 Civil Litigation – Assignment 1 | Due March 2025. All questions answered. 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.