Nicholas Tarus Kibet v Tekman Co. Ltd [2015] KEHC 6603 (KLR)
- Court
- High Court of Kenya
- Case number
- 6603
- Citation
- [2015] KEHC 6603 (KLR)
- Decided
- 17 February 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the Principal Magistrate dismissing the appellant's claim for damagesCoramJ.R. KARANJA
Holding
The respondent was liable for the accident and the appellant was entitled to damages
Facts
An accident occurred on 18th May, 2007, involving a Mercedes Benz lorry driven by Tekman Co. Ltd. The appellant, Nicholas Tarus Kibet, was a passenger who suffered injuries.
Issues
- whether the respondent was liable for the accident
- whether the appellant was entitled to damages
Reasoning
The court found that the respondent was negligent in driving the vehicle, and the appellant's injuries were severe, warranting a substantial award of damages.
Outcome
The appeal is successful, the judgment of the lower court is quashed, and a new judgment is issued in favor of the appellant for Ksh. 301,700.
Orders
- Judgment of the lower court is quashed
- New judgment in favor of the appellant for Ksh. 301,700
Remedies
- Damages of Ksh. 301,700
- Costs of the appeal and the lower court
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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