ASIF SADIQ V MUMBI HOLDINGS LTD & ANOTHER [2012] KEHC 5948 (KLR)
- Court
- High Court of Kenya
- Case number
- 5948
- Citation
- [2012] KEHC 5948 (KLR)
- Decided
- 5 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out defence and enter judgment on 100% damagesCoramKimaru
Holding
Application to strike out defence and enter judgment on 100% damages is dismissed
Facts
An accident occurred on Nakuru Naivasha Road involving motor vehicles KBE 183P and KAP 847K. The 2nd defendant pleaded guilty to causing death by dangerous driving.
Issues
- Abuse of court process
- Contributory negligence of the deceased
Reasoning
Defence of contributory negligence is not demurrable and not completely bad.
Outcome
Application dismissed
Orders
- Application to strike out defence and enter judgment on 100% damages dismissed
Authorities cited
Cases cited (2)
- Philip Keipto Chemwolo & Mumias Sugar Co. Ltd vs. Augustine Kubende [1982-88] 1 KAR 1036
- Stephen Somek Takwenyi & Another vs. David Mbuthia Githare & 2 Others Nairobi (Milimani) HCCC No. 363 of 2009
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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