Mureithi v Wambui & 2 others [1994] KECA 116 (KLR)
- Court
- Court of Appeal
- Case number
- 116
- Citation
- [1994] KECA 116 (KLR)
- Decided
- 6 December 1994
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and decree of the High Court of Kenya at Nairobi (Mr Justice Mbogholi-Msagha) dated the 5th day of April 1988 HCCC No 1079 of 1988CoramA.M.COCKAR, M.G.MULI, A.M.AKIWUMI
Holding
The appeal succeeds and the judgment of the learned judge apportioning to the appellant 10% of the blame for the accident is hereby set aside. The appellant shall not be liable to pay any part of the damages awarded by the learned judge.
Facts
An accident occurred on the Maragau/Murang’a highway involving an Isuzu matatu and a Toyota lorry. The matatu driver and a passenger were killed, while the lorry driver survived.
Issues
- Whether the learned judge erred in apportioning blame to the matatu driver
- Whether the learned judge misapplied the principles laid down in Oluoch v Robinson [1973] EA 108
Reasoning
The court found no evidence to show that the matatu driver was negligent, and the learned judge misapplied the principles in Oluoch v Robinson [1973] EA 108.
Outcome
Appeal successful, judgment set aside
Orders
- The appellant shall not be liable to pay any part of the damages awarded by the learned judge
- The appellant shall have her costs for the appeal against the second respondent herein
Authorities cited
Cases cited (2)
- Oluoch v Robinson [1973] EA 108
- Lang v London Transport Executive [1959] 3 All ER 609
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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