Calistus Antony Akello v John Gitau Nginya & another [2018] KEHC 3937 (KLR)
- Court
- High Court of Kenya
- Case number
- 3937
- Citation
- [2018] KEHC 3937 (KLR)
- Decided
- 21 September 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypecivilPostureappeal from judgmentCoramJ K SERGON
Holding
The learned magistrate's decision is set aside, and the judgment sum awarded to the respondents is adjusted downwards by the amount of the counter-claim.
Facts
On 17th February, 1996, a motor vehicle registration No. KAG 475H collided with another motor vehicle Registration No. KAB 999D along Jomo Kenyatta Highway (Kisumu), resulting in Paul Nginya Tity Kimani's fatal injury. John Gitau Nginya and Mary Njeri Nginya filed a compensatory suit against Calistus Anthony Akello.
Issues
- the learned magistrate's decision to enter judgment in favor of the respondents against the appellant
- the learned magistrate's apportionment of liability at 50:50
- the learned magistrate's consideration of the evidence and the counter-claim
Reasoning
The court found that the learned magistrate erred in law in several aspects, including the apportionment of liability and the consideration of evidence.
Outcome
Appeal successful
Orders
- adjustment of the judgment sum awarded to the respondents by the amount of the counter-claim
- the respondents are awarded Ksh.569,095/-
Remedies
- costs of the suit based on the judgment sum on appeal
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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