Raphael Ndiwa Bukose & Another v Samuel K. Kinyai & others [2012] KEHC 2070 (KLR)
- Court
- High Court of Kenya
- Case number
- 2070
- Citation
- [2012] KEHC 2070 (KLR)
- Decided
- 19 September 2012
The court dismissed the appeal and upheld the judgment of the subordinate court, finding the appellants 100% liable for the accident and awarding damages as per the subordinate court's judgment.
Facts
On November 12, 1999, an accident occurred between a saloon car (registration KLL 221, 504) and an Iveco lorry (registration KAH 397 F) on Ziwa Eldoret Road. The lorry was driven by Raphael Bukose Ndiva, and the saloon car was driven by Samuel Kipkemboi Kiyai, with his two minor brothers Simon Kemei and Henry Kiplimo. The saloon car was damaged, and the occupants were injured.
Issues
- liability
- quantum of damages
Reasoning
The court found the appellants 100% liable for the accident and upheld the assessment of damages as per the subordinate court's judgment. The court noted that the appellants failed to challenge the issue of assessment of quantum before the subordinate court.
Outcome
Appeal dismissed
Orders
- Costs to the respondents
Loading judgment…