Ossuman Dhahir Mohamed & another v Saluro Bundit Muhumed [1997] KECA 422 (KLR)
- Court
- Court of Appeal
- Case number
- 422
- Citation
- [1997] KECA 422 (KLR)
- Decided
- 19 December 1997
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 NairobiCoramA.B. Shah, G.S. Pall
Holding
The award of Shs.5,497,737/= is set aside and substituted by an award of Shs.1,148,400/=
Facts
A lorry registration number GK 469L, in the control or custody of Kenya Wildlife Service, broke down and was being pushed by the first appellant, Osman Dhahir Mohamed, when the lorry reversed and hit the respondent, Saluro Bundit Muhumed, causing her to fall and be run over by the rear wheels.
Issues
- Duty of care
- Negligence
Reasoning
The authenticity of some vouchers was established, and the respondent was not a passenger but a victim of the accident.
Outcome
Appeal successful
Orders
- Special damages of Shs.98,400/=
Remedies
- Damages for pain, suffering, and loss of amenities
- Further damages in lieu of future medical and surgical treatments
- Award for loss of services
- Special damages of Shs.98,400/=
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…