Leonard Gitobu Murithi v Rhoda Wanja M’Nkanata [2020] KEHC 6477 (KLR)
- Court
- High Court of Kenya
- Case number
- 6477
- Citation
- [2020] KEHC 6477 (KLR)
- Decided
- 5 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Hon. S. Abuya, SPMCoramA. MABEYA
Holding
The Court of Appeal held that the trial court erred in apportioning the appellant's liability at 100% and that the damages awarded were inordinately high.
Facts
The appellant was the defendant in a road traffic accident on 3/3/2017 where the deceased, David Kinoti M'Ringera, was walking along Nanyuki-Meru road and was hit by the appellant's vehicle.
Issues
- The trial court's apportionment of liability to the appellant at 100%
- The amount of damages awarded by the trial court
Reasoning
The Court of Appeal re-assessed the evidence and found that the appellant was not solely responsible for the accident, and the damages awarded were excessive.
Outcome
Affirmed the judgment of the trial court in part and set aside the damages awarded.
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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