D. M. Enterprise Limited v John Kinuthia Joseph [2017] KEHC 1386 (KLR)
- Court
- High Court of Kenya
- Case number
- 1386
- Citation
- [2017] KEHC 1386 (KLR)
- Decided
- 24 November 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
Typecivil appealPostureappeal from a judgment and decree of the Chief Magistrate's CourtCoramJ. K. SERGON
Holding
The award of kshs.497,100/= remains unchanged. The prayer for loss of user of 3,000/= per day is given for only a year less 30% for wear and tear and the claim is tabulated as follows: 3,000x30(days)x12(months)x70/100 =756,000/=.
Facts
The respondent, John Kinuthia Joseph, was involved in an accident with the appellant, D. M. Enterprise Limited, on Mombasa Road. The respondent filed a material damage claim against the appellant.
Issues
- misdirection by the trial magistrate
- disregard of investigating officer's testimony
- failure to consider evidence on record
- substantial contribution to the accident
- failure to properly consider the defendant's submissions
- failure to uphold precedent
Reasoning
The court upheld the judgment of the trial magistrate, finding that the appellant was 100% liable for the accident and that the respondent substantially contributed to it.
Outcome
Appeal dismissed
Orders
- The award of kshs.497,100/= remains unchanged.
- The prayer for loss of user of 3,000/= per day is given for only a year less 30% for wear and tear and the claim is tabulated as follows: 3,000x30(days)x12(months)x70/100 =756,000/=.
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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