Japheth Mjomba v Salim Rashid [2019] KEHC 2823 (KLR)

Facts

The Respondent sued the Appellants for general and special damages in a road traffic accident where the Appellant sustained personal injuries. The Appellant was found to have failed to prove liability against the Respondent on a balance of probabilities and the suit was dismissed with costs.

Issues

1. Whether the trial magistrate erred in law and fact in dismissing the appellant's suit with costs on the basis that he had not proved liability against the respondent on a balance of probabilities.
2. Whether the trial magistrate erred in law and fact in assessing damages that were inordinately low.

Reasoning

The Court of Appeal re-evaluated the evidence and found that the trial magistrate did not err in law or fact in dismissing the appellant's suit with costs on the basis that he had not proved liability against the respondent on a balance of probabilities. The assessment of damages was also upheld.

Outcome

Appeal dismissed with costs

Authorities cited