Joyce Medza Mangale & another v Eden Transporters and Logistics Limited & another [2020] KEHC 6771 (KLR)
- Court
- High Court of Kenya
- Case number
- 6771
- Citation
- [2020] KEHC 6771 (KLR)
- Decided
- 21 April 2020
The court found that the appellant has not availed settlement evidence to interfere with the assessment of damages, and the trial court's assessment was reasonable and within its discretion.
Facts
The deceased, Emmanuel Masudi Mangale, was on board a moto vehicle registered UAT 758H CE793D owned by Eden Transporters & Logistics Limited and insured in the name of Fustum Tekeste Debesa. The vehicle and trailer got disconnected, overturning and causing the deceased to sustain fatal injuries.
Issues
- Whether the appellant has availed settlement evidence for the court to interfere with the assessment of damages
- Whether the trial court's assessment of damages was reasonable and within its discretion
Reasoning
The court reiterates the principle that the duty of an appeal court is to rehear the case afresh, dealing with questions of fact and law. The appellant must show insufficient material or legal principles to support the decision. The court found the trial court's assessment of damages to be reasonable.
Outcome
Affirmed
Authorities cited
Cases cited (7)
- Mwana Sokoni v Kenya Business Limited
- Abok James Odera T/a A. J. Odera & Associates v John Patrick Michira T/a Michira and Co. Advocates
- Butt v Khan
- Southern Engineering Company Ltd v Muzunga Mutia
- H. West and Son v Shephard
- Livingstone v Rawyards Coal Company
- Derrick Munroe v Gordon Robertson
Loading judgment…