Mildred Mumbi Kanake & another (suing as the Legal Representatives and Administrators of the Estate of Peter Mwangi Waciuri (Deceased) v Robbert Kariuki Nyaga [2019] KEHC 11245 (KLR)
- Court
- High Court of Kenya
- Case number
- 11245
- Citation
- [2019] KEHC 11245 (KLR)
- Decided
- 9 April 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Chief Magistrate's CourtCoramJ. KAMAU
Holding
The appeal is partially successful, and the judgment is set aside. The Appellants are now awarded Kshs 637,574.
Facts
On February 13, 2013, the deceased was hit by the Respondent's vehicle while crossing Mombasa Road. The Respondent was charged with careless driving and failing to report the accident.
Issues
- Whether the trial court erred in apportioning liability equally between the Respondent and the deceased.
- Whether the damages awarded were manifestly low.
Reasoning
The court found the trial court's apportionment of liability to be incorrect and the damages to be too low.
Outcome
Appeal partially successful
Orders
- Judgment entered in favor of the Appellants for Kshs 637,574.
- Costs awarded to the Appellant.
Remedies
- Set aside the original judgment and enter a new one in favor of the Appellants.
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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