CHARLES KOMOSO TOTON V REUBEN CHERUTICH CHEBON & ANOTHER [2012] KEHC 3441 (KLR)
- Court
- High Court of Kenya
- Case number
- 3441
- Citation
- [2012] KEHC 3441 (KLR)
- Decided
- 29 June 2012
The court finds the driver 90% responsible for the accident and the bus owner vicariously liable. The court awards the plaintiff Shs 1,678,874 in total damages, including general damages, future medical expenses, and special damages.
Facts
The plaintiff, Charles Komoso Toton, was a passenger in a bus (registration number KAN 276V) driven by Reuben Cherutich Chebon. The bus was overloaded, and the driver suddenly released the clutch, causing the plaintiff to fall off the bus and sustain serious injuries.
Issues
- Negligence of the driver and the bus owner
- Quantum of damages
Reasoning
The court finds the plaintiff 10% responsible for the accident due to his own negligence. The court awards general damages of Shs 1,600,000, future medical expenses of Shs 150,000, and special damages of Shs 88,874.
Outcome
The plaintiff wins the case and is awarded damages.
Orders
- The plaintiff is awarded Shs 1,678,874 in total damages.
- The plaintiff is awarded interest on the above sum from the date of judgment until payment in full.
- The plaintiff is awarded costs of the suit.
Remedies
- Damages awarded to the plaintiff
Loading judgment…