Kabansora Millers v J W O [2014] KEHC 347 (KLR)
- Court
- High Court of Kenya
- Case number
- 347
- Citation
- [2014] KEHC 347 (KLR)
- Decided
- 14 November 2014
The court allows the appeal and modifies the judgment to apportion 20% liability to the cyclist and 80% to the driver of the lorry, increases the general damages to Kshs. 800,000, and includes the special damages of Kshs. 163,600 in the final judgment.
Facts
The appellant, J W O, was riding a bicycle from Lwala Mixed Secondary School towards Awendo when he was hit from behind by a lorry registered KAF 400F, owned by the respondent, Kabansora Millers Ltd. The appellant suffered injuries including a dislocated left collar bone, two fractures of the right leg, and post-traumatic epilepsy syndrome.
Issues
- apportionment of liability
- special damages
- weight of evidence
Reasoning
The court found the trial magistrate erred in apportioning liability, in awarding special damages, and in ignoring the amended pleadings. The court also found the appellant was not wholly to blame for the accident.
Outcome
Appeal allowed
Orders
- 20% liability to the cyclist
- 80% liability to the driver
- General damages increased to Kshs. 800,000
- Special damages of Kshs. 163,600 included in the final judgment
Remedies
- Award of general damages of Kshs. 672,720
- Levy costs of the suit
Authorities cited
Cases cited (4)
- Civil appeal No. 36 of 1980
- Civil appeal No. 65 of 2004
- Civil suit No. 31 of 1967
- Selle and another vs. Associated Motor boat company Ltd and another
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