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Joyce Wayua Richard v Mike Trojanuok & another [2014] KEHC 4204 (KLR)

[2014] KEHC 4204 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4204
Citation
[2014] KEHC 4204 (KLR)
Decided
12 June 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a judgment of the High Court of Kenya at MachakosCoramL.N. MUTENDE
Holding

The defendants are held 100% liable for the accident and are ordered to pay the plaintiff Kshs. 7,958,087 in total damages.

Facts

The plaintiff, Joyce Wayua Richard, was a passenger in a motor vehicle registration number KAS 204L when it was involved in a road traffic accident caused by the driver of motor-vehicle registration number KAE 480T. The plaintiff sustained serious injuries and sued the defendants for damages.

Issues

  1. Duty of vicarious liability on the part of the defendants for the actions of the driver of the motor-vehicle registration number KAE 480T
  2. Quantum of damages for the plaintiff's injuries and future medical expenses

Reasoning

The court found the defendants liable for the accident and awarded damages based on the plaintiff's injuries and future medical expenses.

Outcome

The appeal is allowed and the judgment of the High Court of Kenya at Machakos is set aside. The defendants are ordered to pay the plaintiff Kshs. 7,958,087 in total damages.

Orders

  • The defendants are ordered to pay the plaintiff Kshs. 7,958,087 in total damages.

Authorities cited

Cases cited (2)
  • Samuel Njoroge Mbuni versus Nganga Kama & Multiple Hauliers E.A. Ltd Nakuru – HCCC No. 358 of 2001
  • Eva Mueni Wambugu (supra) Kshs. 1,800,000/= awarded for nursing care
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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