ELISHA BUSIENEI V PAUL YATOR [2012] KEHC 962 (KLR)
- Court
- High Court of Kenya
- Case number
- 962
- Citation
- [2012] KEHC 962 (KLR)
- Decided
- 17 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Honourable Senior Principle Magistrate Hedwig Ongundi (Mrs) in Eldoret SPMCC No. 251 of 2000CoramM. K. Ibrahim, F. Azangalala
Holding
The appeal is dismissed with costs.
Facts
The Respondent sued the Appellant for negligence causing an accident resulting in the death of Yator Arap Mayo on 2nd February 1995. The Appellant was found liable and awarded Kshs. 380,000 in general damages and Kshs. 32,900 in special damages.
Issues
- Appellant's liability
- Quantum of damages
- Distribution of loss of dependency money
Reasoning
The court found that the Appellant was 100% liable for the accident and the award of Kshs. 100,000 for loss of expectation of life was reasonable. The award of Kshs. 100,000 for pain and suffering was not excessive. The distribution of loss of dependency money was not wrong.
Outcome
Appeal dismissed
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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