Peninah Ndunge Musingila v Trustees of the Catholic Diocese of Machakos & another [2020] KEHC 6422 (KLR)
- Court
- High Court of Kenya
- Case number
- 6422
- Citation
- [2020] KEHC 6422 (KLR)
- Decided
- 7 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment on quantum and liabilityCoramD. K. Kemei, Hon. S. Mungai
Holding
The appeal is dismissed with costs. The finding of the trial court is upheld.
Facts
The appellant, Peninah Ndunge Musingila, was a pedestrian injured in a road traffic accident on 21.10.2008. The appellant sued the respondents for negligence and res ipsa loquitor, seeking special damages and future medical expenses.
Issues
- finding of liability on the part of the appellant
- shifting blame on the appellant
- disregarding the appellant's evidence
- not relying on the appellant's evidence on damages
Reasoning
The court found that the trial court's award of Kshs 250,000 for general damages was not inordinately low and that the appellant's evidence was not disregarded. The appellant's claim for future medical expenses was not proven.
Outcome
Appeal dismissed
Authorities cited
Cases cited (7)
- Teresia Sebastian Massawe (Suing as the Legal Administratix of the estate of the late Silvia Sebatian Massawe v Solidarity Islamic (Kenya Office & another [2018] eKLR)
- Selle v Associated Motor Boat Co. [1968] EA 123
- Lukenya Ranching and Farming Coop. Society Ltd –Vs- Kavoloto (1979) EA
- Bashir Ahmed Butt v Uwais Ahmed Khan [1982-88] KAR 5
- Boniface Waiti & Another v Michael Kariuki Kamau (2007) eKLR
- Isaac Waweru Mundia V Kiilu Kakie Ndeti T/A Wikwatyo Services [2012] eKLR
- Picket -v- British Rail Engineering [1980] A.C. 136, 168
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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