Joseph Omondi Onyango v Busia Outgrowers Co Ltd [2013] KEHC 1647 (KLR)

Facts

On January 27, 2007, the appellant was driving a motor vehicle when he met a police roadblock with spikes. He attempted to overtake a tractor towing a trailer, but the trailer reversed and hit his vehicle.

Issues

1. Whether the learned magistrate erred in law and fact by finding the appellant not liable
2. Whether the learned magistrate erred in law and fact in finding the appellant not to have proved his case on a balance of probabilities
3. Whether the learned magistrate erred in law and fact in finding the appellant not to have established the respondent's liability

Reasoning

The court found that the appellant failed to prove his allegations of negligence and that the magistrate did not err in his findings.

Outcome

Appeal dismissed

Authorities cited