ERNEST SHISIA NGALABA V WEST KENYA SUGAR CO. LTD [2013] KEHC 3052 (KLR)
- Court
- High Court of Kenya
- Case number
- 3052
- Citation
- [2013] KEHC 3052 (KLR)
- Decided
- 6 June 2013
The appellant proved that the accident did occur and he got injured in the process. The respondent is found 100% liable in negligence to the appellant as a result of the accident. The appellant is awarded general damages in the sum of Kshs.100,000/= and costs in the trial court and this appeal.
Facts
The appellant Ernest Shisia Ngalaba was an employee of the respondent West Kenya Sugar Co. Ltd. He was riding on a tractor owned by the respondent when an accident occurred, resulting in his injuries. The appellant claimed damages.
Issues
- Whether the appellant proved his case on the balance of probabilities.
- Whether the learned trial magistrate erred in finding that the appellant did not prove ownership of the tractor involved in the accident.
- Whether the learned trial magistrate erred in law by applying wrong principles of law in this case.
- Whether the learned trial magistrate erred in law by finding for the defendant.
Reasoning
The court found that the appellant proved his case on the balance of probabilities and that the respondent was liable for the accident. The court also found that the learned trial magistrate erred in not assessing the general damages awardable.
Outcome
Appeal allowed
Orders
- The respondent is found 100% liable in negligence to the appellant as a result of the accident.
- I award the appellant general damages in the sum of Kshs.100,000/= and costs in the trial court and this appeal.
- The general damages will attract interest at court rates from the date of this judgment till payment in full.
- The costs will attract interest at court rates from the day they will be agreed or taxed until payment in full.
Remedies
- General damages in the sum of Kshs.100,000/=
Authorities cited
Cases cited (1)
- Salim S. Zain -vs- Rose M. Mutus – Civil Appeal 147 of 1994
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