ENOCK SEGERO vs BENARD MUASYN WAMBUN & ANOTHER [2001] KEHC 137 (KLR)
- Court
- High Court of Kenya
- Case number
- 137
- Citation
- [2001] KEHC 137 (KLR)
- Decided
- 3 May 2001
The 1st and 2nd defendant are liable for the accident jointly and severally at 100%. The case against the 3rd parties is dismissed.
Facts
Enock Segaro, a 32-year-old male, was a passenger in a matatu driven by Benard Muasyn Wambun, who owned the vehicle. The matatu was involved in an accident on March 22, 1991, resulting in Segaro sustaining head injuries and a fracture to his left tibia and fibula. Segaro later died in another motor vehicle accident.
Issues
- Whether the 1st defendant was employed by the 2nd defendant as a driver or agent.
- Liability between the 1st and 2nd defendant and the 3rd parties.
Reasoning
The 1st defendant was driving a vehicle owned by the 2nd defendant and admitted to causing the accident. The 1st and 2nd defendant are liable for the accident as they failed to call evidence to show the 3rd parties are liable.
Outcome
The plaintiff's claim is dismissed, and the 1st and 2nd defendant are ordered to pay Ksh.400,000 in general damages for pain and suffering.
Orders
- The case against the 3rd parties is dismissed.
- The plaintiff is awarded Ksh.400,000 in general damages for pain and suffering.
Remedies
- Costs to be paid by the defendants.
- Interest from the date of the judgment.
Authorities cited
Cases cited (1)
- Grace Wanjiku Mbaga v. Hussion Seamen & Another [HCCC 4/92]
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