Mbati John & Combo Dvd Coach Ltd v China Zhongxing Construction Co. Ltd & Ngolua Mukuri Imuru [2016] KEHC 6248 (KLR)

Facts

The 2nd Respondent (Ngolua Mukuri Imuru) filed a civil suit against the 1st and 2nd Appellants (Mbati John and Combo DVD Coach Ltd) and the 1st Respondent (China Zhongxing Construction Co. Ltd) alleging negligence. The learned magistrate apportioned liability between the Appellants and the 1st Respondent on a 50:50 ratio.

Issues

1. The learned trial magistrate erred in fact and in law in apportioning liability at 50% against the appellants.
2. The learned trial magistrate erred in law and in fact in not finding that the plaintiff and the 1st defendant had failed to attribute any of the pleaded particulars of negligence to the appellants and/or their agents.
3. The learned trial magistrate erred in law and in fact in failing to make any findings and or basis of apportioning liability at 50% against the appellants.
4. The learned trial magistrate erred in law and in fact when in total disregard of the circumstances of the accident made a wrong finding that the 1st and 2nd defendants' driver contributed to the accident.
5. The learned trial magistrate erred in law and fact in basing his findings on irrelevant issues not supported by evidence adduced or the appellants' driver was on his own lane.

Reasoning

The court found that the learned trial magistrate erred in fact and in law in apportioning liability at 50% against the appellants, and that the learned trial magistrate failed to make any findings and basis of apportioning liability.

Outcome

The appeal was successful.

Authorities cited