Robert Koskei Saina & another v Samson Kiboiwo Kirumet & another [2016] KEHC 7118 (KLR)
- Court
- High Court of Kenya
- Case number
- 7118
- Citation
- [2016] KEHC 7118 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment dismissing the appellant's case for negligenceCoramJANET MULWA, presiding judge
Holding
The trial court's judgment dismissing the appellant's case is set aside, and both the appellant and the 1st respondent are equally to blame for the accident.
Facts
An accident occurred between two vehicles on the Kabarnet-Marigat Road, resulting in injuries to the appellant. The appellant sued the 1st respondent for negligence and damages.
Issues
- negligence of the 1st respondent
- apportionment of liability between the parties
Reasoning
The court finds that neither driver discharged the duty of care adequately, and the trial court erred in relying mainly on the investigating officer's evidence.
Outcome
Appeal succeeds in part, both parties are equally to blame, and the award on special and general damages remains undisturbed.
Orders
- Both the appellant and the 1st respondent are equally to blame for the accident
Authorities cited
Cases cited (4)
- Farah -vs- Lento Agencies C.A No. 34 of 2005(2006) KLR 123.
- Lakha – Mishi -vs- AG (1971) EA 118.
- Baker vs Market Haiborough Industrial Co-operative Society Ltd (1953) I WLR 1472.
- Bashir Ahmed Butt -vs- Uwais Ahmed Khan (1982-88) 1 KAR
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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