DANIEL KAGONGANGA v WILSON MUTHIKE GITHINJI & another [2008] KEHC 2318 (KLR)

Facts

The appellant, Daniel Kagonganga, was hit by a vehicle driven by the first respondent, Wilson Muthike Githinji, while he was riding a motorcycle on a dusty road. The appellant alleged negligence on the part of the first respondent, while the first respondent denied liability.

Issues

1. Whether the trial magistrate erred in finding that the appellant was not hit by the first respondent's vehicle
2. Whether the trial magistrate erred in finding that the appellant's injuries were caused by his own vehicle
3. Whether the trial magistrate erred in finding that the appellant was to blame for the accident for riding his motorcycle without a valid license
4. Whether the trial magistrate erred in finding the appellant in truthful and his evidence contradictory
5. Whether the trial magistrate erred in finding the first respondent truthful and in rebutting the appellant's evidence
6. Whether the trial magistrate erred in finding the appellant did not prove negligence

Reasoning

The court gives due consideration to the evidence and finds that the accident was caused by the first respondent's negligence while driving in the dust, making it impossible to see the road. The court also finds that the appellant was not on the move when the accident occurred.

Outcome

Appeal allowed, judgment set aside, and the appellant awarded Shs.900,000 in general damages

Authorities cited