EDWARD KIPSONGOK v DAVID KIRWA SATO [2006] KEHC 1189 (KLR)
- Court
- High Court of Kenya
- Case number
- 1189
- Citation
- [2006] KEHC 1189 (KLR)
- Decided
- 5 October 2006
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment dismissing the appellant's claim for damagesCoramJEANNE GACHECHE
Holding
The appeal is dismissed with costs. The learned trial Magistrate's finding that the defendant/respondent was not liable in negligence is upheld. The defendant/respondent's plea of contributory negligence is not controverted by the appellant, and no liability could be apportioned.
Facts
On 29/4/1995, David Kirwa Sato was driving his motor vehicle registration number KUZ 939 from Eldoret towards Kapsabet. The vehicle collided with Edward Kipsongok's bicycle, causing injuries to Kipsongok.
Issues
- whether the learned trial Magistrate erred in finding the defendant/respondent liable in negligence
- whether the learned trial Magistrate erred in finding the defendant/respondent failed to brake, swerve, slow and/or otherwise control his vehicle to avoid hitting the plaintiff/appellant
- whether the learned trial Magistrate erred in holding the plaintiff/appellant wholly to blame for the accident
Reasoning
The appellant's evidence contradicted his pleadings, and the respondent's evidence supported the respondent's defense of contributory negligence.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs
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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