ALI ABDI HUSSEIN v PETER NJUGUNA [2012] KEHC 2738 (KLR)
- Court
- High Court of Kenya
- Case number
- 2738
- Citation
- [2012] KEHC 2738 (KLR)
- Decided
- 25 July 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment awarding damagesCoramJUDGE
Holding
The judgment is set aside and liability is apportioned at 90:10% in favor of the plaintiff. The total damages awarded are reduced by shs. 63,000/-.
Facts
A road traffic accident occurred on 1st November, 2008 involving the plaintiff's vehicle and the defendant's Scania Lorry and trailer. The plaintiff claimed damages for loss of user.
Issues
- whether loss of user is a special damage that should be pleaded specifically
- whether the finding of 100% liability against the defendant was warranted
Reasoning
The court found that the plaintiff's vehicle was not in the middle of the road after the accident, and apportioned liability accordingly. The respondent's evidence for loss of user was insufficient.
Outcome
Appeal successful, judgment set aside
Orders
- Liability apportioned at 90:10% in favor of the plaintiff
- Total damages reduced by shs. 63,000/-
Remedies
- Award of damages reduced by shs. 63,000/-
Authorities cited
Cases cited (1)
- WAWERU VS NDIYA KLR 1985
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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