Milton L. Milimu v Coast Bus Safaris Ltd &another; [2015] KEHC 7934 (KLR)
- Court
- High Court of Kenya
- Case number
- 7934
- Citation
- [2015] KEHC 7934 (KLR)
- Decided
- 22 October 2015
The Appellant's uncontroverted oral testimony and production of the police abstract were enough proof that he was a passenger in the accident motor-vehicle.
Facts
The Appellant (plaintiff) claimed general and special damages for injuries sustained in a motor accident. He produced a police abstract and a bus ticket to prove he was a passenger in the 1st Respondent's (Coast Bus Safaris Ltd) motor-vehicle. The 1st Respondent did not testify and did not call any witnesses.
Issues
- Whether the Appellant proved he was a passenger in the accident motor-vehicle.
- Whether the learned trial magistrate erred in law and fact in finding the police abstract conclusive evidence of the Appellant's passenger status.
Reasoning
The Court of Appeal held that the Appellant's uncontroverted oral testimony and production of the police abstract were sufficient evidence to prove he was a passenger in the accident motor-vehicle.
Outcome
The appeal is allowed, the judgment of the lower court is set aside, and a new judgment is substituted.
Orders
- Judgment for the plaintiff in the sum of KShs. 600,000/- for general damages.
- Judgment for the plaintiff in the sum of KShs. 100,000/- for future medical expenses.
- Judgment for the plaintiff in the sum of KShs. 4,280/- for special damages.
- Interest on general damages and special damages will be calculated from the date of judgment and suit respectively.
- The Appellant shall have costs both in the court below and of this appeal.
Remedies
- General damages of KShs. 600,000/-.
- Future medical expenses of KShs. 100,000/-.
- Special damages of KShs. 4,280/-.
Authorities cited
Cases cited (3)
- Phillip Kipkorir Cheruiyot vs Nebco K. Ltd & Lawrence Ajugi (unreported)
- Joseph Mavulu Mutua vs Samuel Njoroge Mwangi [2003]eKLR
- Kisumu HCCA 94 and 95 of 2010 John Gitonga Germano and another versus Rispter Paul Ogal
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