Reuben Ongiri Magutu & another v Nepatoo Ole Muncha (Suing as the administrator of the Estate of Tonge Ole Muncha (Deceased) [2017] KEHC 2152 (KLR)
- Court
- High Court of Kenya
- Case number
- 2152
- Citation
- [2017] KEHC 2152 (KLR)
- Decided
- 19 October 2017
The appellants are found to be 100% negligent and jointly and severally liable for the accident. The total award of damages is Shs.148,161.60.
Facts
A pedestrian died in a motor vehicle accident on 4/7/2012. The deceased was crossing the road from right to left when he was knocked down by a vehicle owned by Moi Girls Secondary School. The deceased's son, Nepatoo Ole Muncha, was appointed as the administrator of the deceased's estate.
Issues
- liability of the appellants for the accident
- quantum of damages awarded to the respondent
Reasoning
The court found that the appellants' driver was negligent due to the presence of a zebra crossing and the broad daylight conditions. The court applied the doctrine of res ipsa loquitur and reduced the damages awarded.
Outcome
Appeals dismissed on liability but allowed on quantum. Judgment and decree of the trial court set aside.
Orders
- Judgment entered for the respondent in the sum of Shs.148,161.60 with interest at court rates
Remedies
- Judgment entered for the respondent in the sum of Shs.148,161.60 with interest at court rates
Authorities cited
Legislation (2)
- Labour Institutions Act No. 12 of 2007
- Legal Notice No. 71 of 2012
Cases cited (2)
- Msuri Muhiddin v. Nazazzor Bin Self (1960) EA 201
- Kampala City Council v. Nakaye (1972) EA 446
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