RAPHAEL OCHIENG CHUKA V SAMUEL SAWENJA MALABA [2012] KEHC 1860 (KLR)

Facts

The Appellant claimed that the Respondent or his driver caused a road accident resulting in soft tissue injury to the Appellant's Achilles tendon. The Appellant testified that he was hit by motor vehicle registration No. KPQ 476 while pushing a stalled vehicle, and he reported the accident to the police.

Issues

1. whether the Appellant's testimony was credible
2. the cause of the accident

Reasoning

The Appellant's testimony was conflicting and unreliable, and the trial court's decision was correct.

Outcome

dismissed