Matunda Fruits Bus Services Ltd v Moses Wangila Wangila & another [2018] KEHC 3225 (KLR)
- Court
- High Court of Kenya
- Case number
- 3225
- Citation
- [2018] KEHC 3225 (KLR)
- Decided
- 18 October 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment dismissing the Appellant's claim for special damages and liquidated damagesCoramJOEL NGUGI
Holding
The decision by the Learned Trial Magistrate dismissing the suit in its entirety is hereby reversed. Liability is apportioned equally at 50%:50% between the Appellant and the Respondents.
Facts
A road traffic accident occurred on 14/05/2008 involving a bus and a Mitsubishi Canter. The bus was owned by the Appellant and driven by one of its agents. The Appellant claimed Kshs. 1,548,840 for special damages and liquidated damages.
Issues
- Whether the Appellant discharged its burden to prove its claim to the required standard
- Whether the Learned Trial Magistrate erred in law and facts in her analysis of evidence and findings
Reasoning
The Appellant failed to prove its claim due to the lack of evidence supporting its claim and the conflicting evidence from the witnesses.
Outcome
The Appellant is awarded Kshs. 326,300/- jointly and severally with the Respondents.
Orders
- The decision by the Learned Trial Magistrate dismissing the suit in its entirety is hereby reversed.
- Liability is apportioned equally at 50%:50% between the Appellant and the Respondents.
- There shall, therefore, be entered a judgment for the Appellant against the Respondents jointly and severally for Kshs. 326,300/-.
- Each party shall bear its own costs.
Remedies
- Reversal of the decision by the Learned Trial Magistrate dismissing the suit in its entirety.
- Apportionment of liability equally at 50%:50% between the Appellant and the Respondents.
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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