Agnes Wanduma Wambui v Daniel Kariuki & 3 others [2015] KEHC 2603 (KLR)
- Court
- High Court of Kenya
- Case number
- 2603
- Citation
- [2015] KEHC 2603 (KLR)
- Decided
- 31 August 2015
The Appellant proved on a balance of probabilities that she was involved in the accident and the Respondents were liable for the accident.
Facts
The Appellant sued the Respondents for damages arising from a road traffic accident on March 18, 2008. The Appellant alleged she sustained injuries and sought recovery. The trial court dismissed the suit, finding the Appellant did not establish a link between her and the accident.
Issues
- Whether the trial court's finding that the Appellant did not establish a link between her and the accident was an error.
- Whether the Appellant proved on a balance of probabilities that she was involved in the accident and the Respondents were liable for the accident.
Reasoning
The court found the Appellant's evidence credible and unchallenged, and the Respondents failed to rebut the evidence.
Outcome
The appeal succeeds. The trial court's dismissal is set aside. The Appellant shall have no judgement and awards as proposed by the principal magistrate. The Appellant to have costs of the appeal and those of the suit.
Orders
- The trial court's dismissal is set aside.
- The Appellant shall have no judgement and awards as proposed by the principal magistrate.
Remedies
- The Appellant to have costs of the appeal and those of the suit.
Authorities cited
Cases cited (3)
- Peters v. Sunday Post (1958) E.A. 424
- Karuru Munyoro v. Joseph Ndumia Murage & Another Nyeri HCCC No. 95 of 1988
- Mariga vs. Musila (1984) KLR 257.
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