WILSON KIBET SOGOMO v TOROKASI MINIKHA MWASHI & ANOTHER [2002] KEHC 856 (KLR)
- Court
- High Court of Kenya
- Case number
- 856
- Citation
- [2002] KEHC 856 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypecivilPostureappeal from a judgment in a civil caseCoramD.K.S. AGANYANYA
Holding
The court held that the appellant was not negligent and thus not liable for the deceased's death.
Facts
On June 3, 1993, the deceased, Wilson Mwashi Alusiola, was walking on the pedestrian kerb along Ring Road/Ngong Road Nairobi when he was knocked down by a motor vehicle owned and driven by the appellant. The deceased died on July 4, 1995, at Kenyatta National Hospital. His widow and son filed a suit for special and general damages, costs, and interest.
Issues
- negligence of the appellant in driving the motor vehicle
- liability of the appellant for the deceased's death
Reasoning
The court found that the deceased's death was due to an accident and not due to the appellant's negligence.
Outcome
The appeal was dismissed.
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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