Barongo Sevelius Yophen v Geoffrey Nyakundi [2020] KEHC 3244 (KLR)
- Court
- High Court of Kenya
- Case number
- 3244
- Citation
- [2020] KEHC 3244 (KLR)
- Decided
- 18 June 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Chief Magistrates Court
Holding
The appeal is partially allowed. The finding on liability by the trial court is upheld. The award of Kshs. 807,050/= is set aside and substituted with an award of Kshs. 207,050/=. The respondent shall bear 1/3 of the costs of the appeal.
Facts
Respondent Geoffrey Nyakundi filed a suit against appellant Barongo Sevelius Yophen for damages due to a road traffic accident. The trial court found the appellant 100% liable and awarded the respondent Kshs. 807,050/=.
Issues
- Determination of liability in road traffic cases
- Quantum of damages
Reasoning
The court found the trial court's award of Kshs. 800,000/= to be based on a wrong principle and manifestly excessive. The court substituted the award with Kshs. 207,050/=. The court also corrected the trial court's assessment of general damages.
Outcome
Partial allowance of appeal
Orders
- Award of Kshs. 207,050/=
Remedies
- Costs of the appeal shall be borne by the respondent
Authorities cited
Cases cited (5)
- Michael Hubert Kloss & Another v David Seroney & 5 Others [2009] eKLR
- Simon Muchemi Atako & another v Gordon Osore CIVIL APPEAL NO. 180 OF 2005 [2013] eKLR
- G4s Security Service (K) Ltd v Jackline Nagome Barare Civil Appeal No.112,113 &114 of 2015 Consolidated [2017] eKLR
- George Kinyanjui T/A Climax Coaches & another v Hussein Mahad Kuyale Civil Appeal No. 28 of 2012 [2016] eKLR
- Channan Agricultural Contractors Ltd v Fred Barasa Mutayo Civil Appeal No. 29 of 2012 [2013] eKLR
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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