PETER KAIBUNGA NKIRITI v JOHN MWENDA MURAA [2011] KEHC 1895 (KLR)
- Court
- High Court of Kenya
- Case number
- 1895
- Citation
- [2011] KEHC 1895 (KLR)
- Decided
- 10 August 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment finding the appellant liable for the respondent's injuries and awarding damagesCoramMARY KASANGO
Holding
The appellant's appeal is allowed, the judgment in the lower court is set aside, and the suit is dismissed with costs to the appellant.
Facts
The respondent was walking off the Meru Maua tarmac road when the appellant negligently drove his vehicle KAR 630Q, causing the vehicle to veer off the road and hit the respondent.
Issues
- Liability of the appellant for the respondent's injuries
- Proportion of liability between the appellant and the respondent
Reasoning
The court found the respondent on the road when the accident occurred, and the injuries sustained were consistent with the respondent being on the right side of the road. The respondent's evidence did not prove negligence on the part of the appellant.
Outcome
Appeal allowed, judgment set aside, suit dismissed with costs to the appellant
Orders
- Judgment in the lower court set aside
- Suit in the lower court dismissed with costs to the appellant
- Appellant awarded costs of the suit
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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