Samuel Kariuki Nyangothi v Johaan Distelberger (Civil Case 1015 of 2001) [2002] KEHC 797 (KLR) (Civ) (18 December 2002) (Judgment)
- Court
- High Court of Kenya
- Case number
- 797
- Citation
- [2002] KEHC 797 (KLR)
- Decided
- 18 December 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court decisionCoramM.A. ANG’AWA
Holding
The court finds that the defendant is 90% liable and the plaintiff 10% liable for the accident.
Facts
The plaintiff, Samuel Kariuki Nyangoti, was driving a matatu (a type of public bus) on the Thika-Garissa road when he collided with the defendant's Subaru vehicle. The defendant claimed he was turning to see some carpenters, but the plaintiff testified he was traveling at 80 km/h and the defendant's turn was sudden.
Issues
- liability of the plaintiff and defendant in the accident
- speed of the plaintiff's vehicle
Reasoning
The court determined that the defendant's sudden turn was the cause of the accident, and the plaintiff's speed was not excessive.
Outcome
The defendant is ordered to pay 90% of the damages, and the plaintiff 10%.
Orders
- The defendant is ordered to pay 90% of the damages
- The plaintiff is ordered to pay 10% of the damages
Remedies
- Damages
Authorities cited
Legislation (1)
- Order 37 CPR
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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