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Kipkoskei Tangus Tesot v Julius Kiprono Tanui [2018] KEHC 4697 (KLR)

[2018] KEHC 4697 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4697
Citation
[2018] KEHC 4697 (KLR)
Decided
23 July 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgement of the Chief Magistrate's CourtCoramJ. M. BWONWONGA
Holding

The court finds the respondent substantially to blame for the accident and awards Kshs.1,653,000 in damages.

Facts

The appellant's driver was involved in an accident with the respondent, resulting in the respondent's injury and amputation of his left leg.

Issues

  1. Appellant's liability in negligence
  2. Quantum of damages

Reasoning

The court finds the respondent failed to keep a safe distance from the motorcyclist in front of him, leading to the accident. The injuries sustained by the respondent are assessed to be 80% disabling, resulting in an award of Kshs.1,653,000.

Outcome

Judgment for the respondent in the sum of Kshs.1,653,000

Orders

  • Each party will bear its own costs

Authorities cited

Cases cited (3)
  • Kajuna Idd Noor v. Rapid Kate Services Ltd & 4 others (2013) eKLR
  • Charles Kipkorir Ruto vs. Fahari Building & Civil Engineering & Another Kericho HCCC No. 56 of 2002
  • Francis Randiki Okaro vs. Akamba Public Road Services Limited & Another Kericho HCCC No. 32 of 2004
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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