John Mutuma Ndege & another v James Barabi M’ Laibuta (Suing As The Legal Representative Of The Estate Of Samson Mwenda (Deceased) [2017] KEHC 6406 (KLR)
- Court
- High Court of Kenya
- Case number
- 6406
- Citation
- [2017] KEHC 6406 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureFirst AppealCoramErle C., GIKONYO, AYIGA MARU, Morris L., Ringera
Holding
The court upholds the trial magistrate's finding of apportioning liability at 90:10 in favor of the deceased against the Appellants and finds the trial magistrate's exercise of discretion proper.
Facts
The Respondent's son was fatally injured in a road traffic accident on 10th November 2010. The Appellants were awarded Kshs 1,779,030 in general and special damages.
Issues
- Liability apportionment
- Quantum of damages
Reasoning
The court finds the deceased's version of the accident more credible and apportions liability at 90:10 in favor of the deceased. The court upholds the trial magistrate's decision on liability.
Outcome
Affirmed
Authorities cited
Cases cited (1)
- KEMFRO AFRICA LIMITED T/A MERU EXPRESS SERVICES, GATHONGO KANINI vs. A.M. LUBIA AND OLIVE LUBIA (1985)
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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