Mombasa Maize Millers Kisumu Ltd & another v KT & another [2019] KEHC 3240 (KLR)
- Court
- High Court of Kenya
- Case number
- 3240
- Citation
- [2019] KEHC 3240 (KLR)
- Decided
- 15 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of the Principal Magistrate Hon. S. WewaCoramHon. Justice R. Nyakundi
Holding
The appellants have an appeal on the merits.
Facts
The deceased was riding a motorcycle when it collided with a vehicle driven by the 3rd appellant, resulting in fatal injuries.
Issues
- Whether the trial magistrate erred in apportioning liability at 10% against the appellants.
- Whether the trial magistrate erred in quantifying general damages under the Law Reform and Fatal Accidents Acts.
Reasoning
The court found that the deceased was not solely responsible for the accident and that the trial magistrate's apportionment of liability was not erroneous.
Outcome
Appeal dismissed
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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