Jesse Kihenjo Kiambati v Moses Kabata Mwangi [2020] KEHC 350 (KLR)
- Court
- High Court of Kenya
- Case number
- 350
- Citation
- [2020] KEHC 350 (KLR)
The trial court erred in dismissing the appellants suit in its entirety and in awarding damages that were inordinately low.
Facts
The appellant Jesse Kihenjo Kiambati filed a suit against the respondent Moses Kabata Mwangi for damages arising from a road traffic accident on June 21, 2015. The appellant claimed he was a fare-paying passenger in motor vehicle registration number KAU 703E when a collision occurred with motor vehicle registration number KBJ 559F, resulting in injuries.
Issues
- Whether the trial court erred in dismissing the appellants suit in its entirety
- Whether the award on quantum of damages was inordinately low in light of the injuries sustained by the appellant
Reasoning
The court found that the trial court did not consider the evidence of the eye witness PW4, which contradicted the appellant's evidence. The court held that the trial court should have found both drivers equally to blame for the accident.
Outcome
Appeal successful
Orders
- Set aside the trial court's judgment and remand the case for a new trial
Remedies
- Remand for a new trial
Authorities cited
Cases cited (3)
- MWANASONIK vs KENYA US SERVICES LTD (Mombasa) Civil Appeal No. 35 of 1985
- HUSSEIN OMAR FARAH v LENTO AGENTS (2006) eKLR
- BAKER V MARKET HARBOROUGH INDUSTRIAL CO-OPERATIVE SOCIETY LTD (1953) 1 WLR 1472
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