Martin Mwenda v Mary Wanja M’Amanja (suing as the legal representative of Julius Nkunja M’Nchebere alias Nkunja Kugundu Deceased) [2020] KEHC 8625 (KLR)
- Court
- High Court of Kenya
- Case number
- 8625
- Citation
- [2020] KEHC 8625 (KLR)
- Decided
- 30 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of Hon. Maroro PM.CoramA. MABEYA, Hon. Maroro PM.
Holding
The appeal is dismissed with costs.
Facts
On 15/3/2015, Julius Nkunja M'Nchabere was hit by a motor vehicle driven by the appellant, Martin Mwenda. The deceased died at the scene. The appellant was held 100% liable for the accident and awarded Kshs.1,447,400/- in damages.
Issues
- Appellant's liability for the accident
- Appellant's quantum of damages
Reasoning
The trial court's decision to hold the appellant 100% liable and award Kshs.1,447,400/- in damages is upheld. The appellant's arguments regarding the deceased's contribution to the accident and the multiplier for damages are rejected.
Outcome
Appeal dismissed
Authorities cited
Cases cited (6)
- Selle & Another v. Associated Motor Boat Ltd [1968] EA 123
- Monica Muthoni Mwanga v. Peterson Wanjohi & Another [2004] eKLR
- Joseph Kahiga Gathii & Another v. World Vision Kenya & Others [2010] eKLR
- Sokoro Plywood Limited & Another v. Njenga Wainaina [2007] eKLR
- Hardev Kaur Dhanoa v. Multiple Hauliers (EA) LTD [2013] eKLR
- David Bore v. Johnson Masika [1998] 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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