Catholic Diocese of Kisii v Peter O Isaboke & another (suing as legal representatives in the Estate of Evans Isaboke Mokua (Deceased) [2019] KEHC 7745 (KLR)
- Court
- High Court of Kenya
- Case number
- 7745
- Citation
- [2019] KEHC 7745 (KLR)
- Decided
- 1 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of Hon. L. M. Nafula (SPM) in Ogembo Civil Suit No. 124 of 2009CoramKLR Makhandia
Holding
The court found the appellant liable to the extent of 50% and the respondents to the extent of 50% for the death of Evans Isaboke Mokua.
Facts
The appellant, Catholic Diocese of Kisii, appealed against the judgment of the trial court in Civil Suit No. 124 of 2009, which found the appellant liable to the extent of 80% for the death of Evans Isaboke Mokua, and awarded damages to the respondents.
Issues
- liability
- quantum of damages
Reasoning
The court found the appellant’s version that the deceased was hit while crossing the road plausible, apportioning liability at 50% to 50%. The court also determined the quantum of damages based on the beneficiaries of the deceased.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Fatal Accidents Act
Cases cited (3)
- Waindi vs Pharmaceutical Manufacturing Co. Ltd & Anor
- Jamal Ramadhan Yusuf & Another vs Ruth Achieng Onditi & Another
- Berkely Steward ltd & Others vs Lewis Kimani Waiyaki
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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