Soma Properties Limited v H A Y M [2015] KECA 617 (KLR)
- Court
- Court of Appeal
- Case number
- 617
- Citation
- [2015] KECA 617 (KLR)
The Court of Appeal allowed the appeal and set aside the judgment and decree of the High Court. The appellant is not liable for the shooting and death of S.
Facts
S H (S) was hit on the neck during a gun battle between police officers and robbers at Sarit Centre. She was admitted to the ICU and later died. The respondent claimed negligence from the appellant, the registered proprietor of Sarit Centre.
Issues
- Appellant's liability for the shooting and death of S
- Appellant's common duty of care to the deceased
Reasoning
The Court of Appeal concluded that the respondent did not provide concrete evidence to prove on a balance of probabilities that the appellant breached the common duty of care. The learned judge applied a different test, drifting from the statutory test of common duty of care.
Outcome
Appeal allowed, judgment and decree of the High Court set aside
Orders
- The judgment and decree of the High Court is set aside
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