BILDAD ONDITI & ANOTHER V BELINDA ATIENO ONYUKA [2013] KEHC 4943 (KLR)
- Court
- High Court of Kenya
- Case number
- 4943
- Citation
- [2013] KEHC 4943 (KLR)
- Decided
- 27 February 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal against the judgment and decree of [MR. E.K. MAKORI, PM] dated 19th July 2011 in Mumias Senior Resident Magistrate’s Court in Civil Case No. 134 of 2010CoramSAID J. CHITEMBWE
Holding
The appeal is dismissed with costs to the respondent.
Facts
A road traffic accident occurred on the 16.12.2009 involving a motorcycle and a motor vehicle at Lukoye area along the Mumias – Bungoma road. The respondent was a passenger on the motorcycle while the vehicle was driven by the first appellant. The respondent was awarded KShs.750,000/= as general damages less 20% contributory negligence.
Issues
- whether the trial court’s finding on liability and quantum was proper
- whether the trial court applied the wrong principles in determining the amount of quantum
Reasoning
The trial court’s finding on liability was upheld as the respondent was a passenger in the accident motorcycle. The trial court’s award of KShs.750,000/= as general damages was not excessive and the underlying legal principle was correctly applied.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- SILIPER OKOKO & MARGARET AWINO V RADIPO & BEN KABAKA, Nairobi HCCC No. 3741 of 1987
- SAMUEL KINYANJUI THUO V FRANCIS KURIA GATHUKA, Nyeri HCCC No. 180 of 2003
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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