AKAMBA PULIC ROAD SERVICES LTD v BERNARD GITHATHU KAMAU & ANOTHER [2007] KEHC 645 (KLR)
- Court
- High Court of Kenya
- Case number
- 645
- Citation
- [2007] KEHC 645 (KLR)
- Decided
- 24 August 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeNegligencePostureSummary judgment grantedCoramH. P. G. WAWERU
Holding
The 1st Defendant is found liable for the accident and is ordered to pay the Plaintiff KShs. 2,303,346/00 for the loss of the bus and lost earnings.
Facts
An accident occurred on the Nakuru-Kericho highway involving two buses, KAE 283 D and KAJ 779 R. KAE 283 D was owned by the Plaintiff and was burned in the accident. KAJ 779 R was owned by the 1st Defendant and was being used by the 2nd Defendant as a hirer.
Issues
- Duty of the 1st Defendant to the Plaintiff
- Quantum of damages
Reasoning
The court found the 1st Defendant liable for the accident due to the negligence of the driver of KAJ 779 R. The court also determined the value of the bus at the time of the accident and the lost earnings.
Outcome
Judgment for the Plaintiff
Orders
- Judgment for the Plaintiff against the 1st Defendant in the total sum of KShs. 2,303,346/00
- Interest on the sum at court rates from the time of filing suit until payment in full
- Costs of the suit plus interest thereon at court rates from the date of filing suit until payment in full
Remedies
- Replacement value of bus KAE 283 D: KShs. 2,125,000/00
- Loss of earnings: KShs. 178,346/00 for seven days
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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