DOUGLAS MWIRIGI FRANCIS & 2 others v ANDREW MIRITI [2008] KEHC 3527 (KLR)
- Court
- High Court of Kenya
- Case number
- 3527
- Citation
- [2008] KEHC 3527 (KLR)
- Decided
- 27 February 2008
The appeal is allowed to the extent that the trial court erred in finding that the 2nd and 3rd appellants jointly and severally liable with the 1st appellant. The judgment, to that extent, is set aside. The 2nd and 3rd appellants have succeeded and will have costs of this appeal.
Facts
The appellants were found responsible for an accident involving a motor vehicle on Meru-Maua road. The respondent was awarded Kshs. 150,000 in general damages and Kshs. 7,850 in special damages.
Issues
- whether the respondent was a passenger in the motor vehicle
- whether liability was proved
- whether the medical report was irregularly compiled
- whether the award was too high
Reasoning
The 1st appellant was aware of his prohibition from giving lifts to passengers and the presence of a notice on the motor vehicle, absolving the 2nd and 3rd appellants from blame.
Outcome
Appeal allowed to the extent that the trial court erred in finding joint and several liability.
Orders
- The 2nd and 3rd appellants have succeeded and will have costs of this appeal.
- The respondent too has costs of the appeal as against the 1st appellant.
Authorities cited
Cases cited (5)
- Esther Wairimu Nene V. Antony Maina Ihungo
- Peter Kimathi Kimani V. Paul Kamau Mwangi & Another
- Twine V. Bean's Express Ltd
- Conway V. George Wimpey & Co. Ltd
- Meto & Another V. Kihanguru & 3 others
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