Robinson Ochola Awuonda v House Of Manji [2015] KECA 490 (KLR)
- Court
- Court of Appeal
- Case number
- 490
- Citation
- [2015] KECA 490 (KLR)
We hereby set aside the judgment of the High Court and substitute in its place judgment for the appellant against the respondent. We hereby award damages for negligence in favour of the appellant against the respondent for a total sum of Kshs.264,000/=.
Facts
The appellant was a passenger in a motor vehicle registration no. KAB 016S owned by the respondent. A road traffic accident occurred between the said motor vehicle and vehicle registration no. KAG 111S. The appellant sustained injuries.
Issues
- Whether the trial court erred in dismissing the appellant's suit due to the absence of a police abstract report.
- Whether the trial court erred in assessing the quantum of damages.
Reasoning
The appellant's testimony proved the occurrence of the accident and the injuries sustained were not disputed. The respondent's contention about the vehicle involved in the accident was not material as the trial court was satisfied that the respondent's vehicle was involved in an accident.
Outcome
Appeal successful
Orders
- Judgment for the appellant against the respondent for a total sum of Kshs.264,000/=.
- Interest on the award for general damages and future medical expenses to run from the date of the judgment of the High Court.
- Interest on special damages to run from the date of filing the suit.
- The respondent to pay costs of the suit at the High Court and costs in this appeal.
Remedies
- Damages for negligence in favour of the appellant against the respondent for a total sum of Kshs.264,000/=
Authorities cited
Cases cited (3)
- Mafuko Industry Limited -v-Alfred Rintari [200]) eKLR
- Simon Malonzo -v- British American Tobacco (K) Limited [2006] eKLR
- Peter Kanithi Kimunya -v- Aden Gayo Haro [104] eKLR
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