MARUBENI CORPORATION V MOHAMED NUR HUSSEIN [2012] KEHC 4461 (KLR)
- Court
- High Court of Kenya
- Case number
- 4461
- Citation
- [2012] KEHC 4461 (KLR)
- Decided
- 15 May 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and orders of a Senior Principal MagistrateCoramD A ONYANCHA
Holding
The court finds the Respondents or their driver were negligent and the sole cause of the accident.
Facts
The Appellant claimed damages for a collision involving its motor vehicle and the Respondent's vehicle. The Appellant alleged negligence by the Respondent, while the Respondents denied negligence and blamed the Appellant.
Issues
- Whether the Respondent was negligent and caused the accident
- Whether the Appellant's driver was truthful in stating he was hit from the right side
Reasoning
The court found sufficient evidence to support the Respondents' negligence and that the accident was caused by the Respondents' driver's failure to stop and ascertain the main road was clear before crossing.
Outcome
The Appellant is awarded Ksh.546,700 with court-interest and costs.
Orders
- Award of damages of Ksh.546,700
- Costs to the Appellant
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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