Rose Makombo Masanju v Night Flora alias Nightie Flora & another [2016] KEHC 1667 (KLR)
- Court
- High Court of Kenya
- Case number
- 1667
- Citation
- [2016] KEHC 1667 (KLR)
- Decided
- 22 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Senior Principal MagistrateCoramJ. KAMAU
Holding
The Appellant's appeal is partly successful, with the award of Kshs 300,000 in damages set aside and replaced with Kshs 500,000 in general damages, pain, and loss of amenities. The 1st Respondent is held 100% liable.
Facts
The Appellant was a passenger in the 1st Respondent's vehicle when it collided with the 2nd Respondent's vehicle, which was parked in a designated lot. The Appellant sustained serious injuries.
Issues
- Whether the apportionment of liability was fair, reasonable, and justifiable.
- Whether the quantum of damages awarded was manifestly low.
Reasoning
This court re-evaluated the evidence and found the Appellant's liability to be 15%, the 1st Respondent's to be 45%, and the 2nd Respondent's to be 40%. The court increased the award to Kshs 500,000 and set aside the apportionment of liability.
Outcome
Partially successful appeal
Orders
- Judgment for the sum of Kshs 500,000 in general damages, pain, and loss of amenities is set aside and replaced.
- Judgment for the 1st Respondent in the sum of Kshs 482,300 is entered in favor of the Appellant.
- Apportionment of liability is set aside and replaced with liability at 100% against the 1st Respondent.
- The Appellant is ordered to pay the 2nd Respondent's costs in the trial court and this court.
Remedies
- Kshs 500,000 in general damages, pain, and loss of amenities.
- Kshs 482,300 in favor of the Appellant against the 1st Respondent.
- Costs of the Appellant in the trial court and this court.
Authorities cited
Cases cited (2)
- Sumaria & Another vs Allied Industries Ltd (2007) KLR1
- East African Portland Cement Company Ltd vs Tilikia Keloi (2016) eKLR
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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