Mwenda (Suing as a Legal Representative of the Estate of John Maeria) v Murithi (Suing as the Legal Representative of the Estate of Simon Mithika M’Thirura) (Civil Appeal 179 of 2019) [2024] KECA 1073 (KLR) (2 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1073
- Citation
- [2024] KECA 1073 (KLR)
- Decided
- 2 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the High Court of Kenya at Meru (Onginjo, J.) dated 25th October, 2018, in Civil Appeal No. 121 of 2011.CoramW. KARANJA, JAMILA MOHAMMED, L. KIMARU
Holding
The appeal is dismissed in its entirety. The trial court’s decision on liability and quantum is upheld.
Facts
The deceased, Simon Mithika M’Thirura, was employed by the appellant as a driver of motor vehicle registration number KAK 132D Toyota Hilux. On 18th February, 2000, the deceased was fatally injured when the appellant’s vehicle, registration number KAK 974N, negligently hit him while the deceased was standing on the Meru-Nkubu road.
Issues
- Whether the trial court erred in finding the appellant 100% liable for the accident.
- Whether the trial court erred in awarding general damages of Kshs.1,799,040.
Reasoning
The evidence on record was sufficient to prove the damages claimed by the widow. The trial court’s assessment of the damages payable was not erroneous.
Outcome
Appeal dismissed.
Orders
- The appellant shall bear the costs of the appeal.
Authorities cited
Cases cited (1)
- Jacob Ayiga Maruja & another v Simeon Obayo [2005] eKLR
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.
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