RISPER ACHIENG ADEDE v HAYER BISHAN SINGH & SONS [1996] KECA 67 (KLR)
- Court
- Court of Appeal
- Case number
- 67
- Citation
- [1996] KECA 67 (KLR)
- Decided
- 20 November 1996
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the High Court of Kenya at KisumuCoramR.S. Omoalo, A.A. Laka, G.S. Pall
Holding
The appeal is allowed. The judgment of the Superior Court is set aside and that of the Principal Magistrate is restored.
Facts
The plaintiff sued the defendant for damages arising from a road accident on February 17, 1993. The plaintiff's vehicle was damaged and she claimed for repair costs and loss of use.
Issues
- Negligence of the defendant's driver
- Quantum of damages
Reasoning
The court found negligence on the part of the defendant's driver and held that the defendant's version of the accident was correct. The court also found that there was credible evidence for the cost of repairs and loss of use, which the defendant did not challenge.
Outcome
Appeal allowed
Orders
- Judgment of the Superior Court set aside
- Judgment of the Principal Magistrate restored
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.
Loading judgment…