Peter Kanithi Kimunya v Aden Guyo Haro [2014] KEHC 1547 (KLR)

Facts

The appellant filed a suit against the respondent for general damages for injuries allegedly sustained in an accident involving the respondent's Mitsubishi Galant on 29th January 2002. The appellant claimed the respondent was negligent, while the respondent denied the occurrence of the accident and claimed the appellant was also negligent.

Issues

1. Whether there was an accident on or about 29th January 2012 involving the appellant and the respondent's motor vehicle registration No. KAN 018W Mitsubishi Galant.
2. Whether the appellant proved his case on a balance of probability against the respondent.
3. Whether the appellant was denied the opportunity to be heard when the trial magistrate dismissed his application to re-open the suit.
4. Whether failure to reply to the defence by the appellant amounted to admission of allegations of contributory negligence.
5. Whether the learned trial magistrate was correct in dismissing the appellant's suit with costs.

Reasoning

The court held that the appellant failed to prove his case on a balance of probability and that the trial magistrate was correct in dismissing the suit with costs.

Outcome

Appeal dismissed