Andrew Ngare Kingau v Joseph Sosio & another [2018] KEHC 2873 (KLR)
- Court
- High Court of Kenya
- Case number
- 2873
- Citation
- [2018] KEHC 2873 (KLR)
- Decided
- 23 October 2018
The court finds the appellant 80% to blame for the accident and the driver 20% to blame. The court sets aside the lower court's judgment on liability and damages, awarding special damages of Ksh. 50,000, future medical costs of Ksh. 24,000, special damages of Ksh. 19,735, and doctors' fees of Ksh. 5,000.
Facts
The appellant was injured in a road traffic accident involving a motor vehicle registered under the names of the defendants. The appellant claimed the defendants were the registered owners and blamed the accident on the driver. The defendants denied the claim.
Issues
- Ownership of the motor vehicle
- Blame for the accident
- Appellant's contributory negligence
Reasoning
The court found the appellant was riding against traffic regulations and was more to blame for the accident. The court also found the appellant was 80% to blame and the driver 20% to blame.
Outcome
Appeal successful, judgment for the appellant on liability and damages
Orders
- Judgment for the appellant on liability and damages
Remedies
- Special damages of Ksh. 50,000
- Future medical costs of Ksh. 24,000
- Special damages of Ksh. 19,735
- Doctors' fees of Ksh. 5,000
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