Peter Maina Githinji v Michael Odwoma [2017] KEHC 9458 (KLR)
- Court
- High Court of Kenya
- Case number
- 9458
- Citation
- [2017] KEHC 9458 (KLR)
- Decided
- 12 October 2017
The respondent was found liable in negligence for the accident, and the court sets aside the learned trial magistrate's judgment on liability, awarding 30% to the appellant and 70% to the respondent.
Facts
The appellant, Peter Maina Githinji, was a pillion passenger on a motorcycle when he was involved in a road traffic accident with the respondent's vehicle. The respondent, Michael Odwoma, denied the accident and the appellant's allegations of negligence.
Issues
- Whether the appellant proved his case against the respondent on a balance of probability
- Quantum of damages
Reasoning
The court found that the respondent's vehicle was driven at an excessive speed and without due care and attention, leading to the accident. The appellant contributed to the accident by not wearing reflective jackets.
Outcome
The appeal is allowed, and the judgment on liability is set aside. The appellant is awarded 30% of the general and special damages.
Orders
- Judgment on liability 30%:70% in favour of the appellant
- General damages - Kshs. 420,000/=
- Special damages - Kshs. 3,500/=
Remedies
- The appellant shall have costs of the suit in the court below as well as costs of this appeal plus interest
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