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Evans Wanyonyi & Data Rush Co. Ltd v Jackson Waweru Kiboroh [2016] KEHC 5059 (KLR)

[2016] KEHC 5059 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5059
Citation
[2016] KEHC 5059 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the original judgment and decree of L.K Kandet (SRM) in Milimani Commercial Courts, CMCC No. 7516 of 2005CoramJ. K. SERGON
Holding

The appeal is dismissed in its entirety. The Respondent is awarded costs of the suit and the appeal.

Facts

The Respondent filed a compensatory suit against the Appellants for injuries sustained in a road traffic accident involving motorbike registration no. KAQ 710S. The Appellants were found fully liable for the accident.

Issues

  1. Ownership of the motorbike
  2. Quantum of damages

Reasoning

The court held the Appellants fully liable for the accident due to the Respondent's evidence of ownership and the uncontroverted evidence of the accident's occurrence. The court also dismissed the challenge to the quantum of damages.

Outcome

Appeal dismissed

Orders

  • Respondent to have costs of the suit and that of the appeal
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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