Hussein Omar Farah v Lento Agencies [2006] KECA 388 (KLR)
- Court
- Court of Appeal
- Case number
- 388
- Citation
- [2006] KECA 388 (KLR)
The appellant's driver was found to be solely responsible for the accident, and the appellant's suit was dismissed. The respondent's counterclaim was allowed in full, but reduced by 50% due to contributory negligence.
Facts
The appellant's vehicle collided with the respondent's vehicle on Mombasa-Nairobi Road near Kambu Bridge. The appellant's driver stopped his vehicle on the side of the road, and the respondent's driver claimed he was about to overtake the appellant's vehicle. The appellant's vehicle then hit the respondent's vehicle and overturned.
Issues
- Was the accident caused by the sole negligence of the appellant's driver or the respondent's driver?
- Did either driver contribute to the accident? If yes, what was the percentage of the contribution?
- Is the doctrine of res ipsa loquitor applicable?
- Quantum of special damages.
Reasoning
The court found that the appellant's driver's negligence caused the accident, and the doctrine of res ipsa loquitor was not applicable. Special damages were awarded based on the evidence presented.
Outcome
The appeal was successful, and the appellant was awarded Shs.2,006,943.40 with costs and interest. The respondent's counterclaim was partially dismissed.
Orders
- Set aside the orders dismissing the appellant's claim and substitute a judgment in his favour in the sum of Shs.2,006,943.40 with costs and interest.
- Allow the respondent's counterclaim in full but reduce the award by 50% due to contributory negligence.
Remedies
- Award of Shs.2,006,943.40 to the appellant with costs and interest.
- Partial dismissal of the respondent's counterclaim with a reduction of 50% due to contributory negligence.
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