KIKAMBALA FISH STATION v PERISI WANJALA MAGANGA & another [2011] KEHC 3669 (KLR)
- Court
- High Court of Kenya
- Case number
- 3669
- Citation
- [2011] KEHC 3669 (KLR)
- Decided
- 21 February 2011
The appeal is dismissed. Liability is apportioned at 60% against the appellant and 40% against the respondent. Specials pleaded and proved are Kshs. 15,200. The total sum awarded is 725,200 less 30,000, giving a net figure of 416,120 shillings.
Facts
A road traffic accident occurred on 23-12-07 along Mombasa – Malindi road, involving James Mutisya Mutia (deceased) who was walking along the road when he was hit by a motor vehicle owned by Kikambala Fish Station and driven by its agent. The appellants were accused of negligence.
Issues
- apportionment of liability
- proof of respondents' case
- special damages awarded
- funeral expenses
- deceased's earnings
Reasoning
The court found the apportionment of liability to be reasonable, the respondents' case was proved, and the special damages were properly awarded. The funeral expenses were reduced to Kshs. 15,200.
Outcome
Appeal dismissed
Orders
- Plaintiff is awarded the costs of the suit plus interest thereon from the date of judgment.
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