Charles Maosa aka Charles Echuku Maosa v AAA [suing as legal representative of the estate of GOO-deceased] [2021] KEHC 5116 (KLR)
- Court
- High Court of Kenya
- Case number
- 5116
- Citation
- [2021] KEHC 5116 (KLR)
- Decided
- 21 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment in a road traffic accident caseCoramKIARIE WAWERU KIARIE
Holding
The appeal is allowed. The learned trial magistrate's decision on apportionment of liability is upheld. The award of Kshs.423,250 is set aside and replaced with a global award of Kshs.500,000.
Facts
The deceased, GOO, died in a road traffic accident involving a lorry. The appellant, Charles Maosa, was the driver of the lorry. The deceased boarded the lorry without the knowledge of the driver. The appellant contends that the trial court erred in apportioning liability and in assessing the quantum of damages.
Issues
- apportionment of liability
- quantum of damages
Reasoning
The court finds that the appellant was justified in apportioning liability at 50%:50%. The court sets aside the award on quantum and substitutes it with a global award of Kshs.500,000.
Outcome
Appeal allowed
Orders
- Award of Kshs.500,000 on quantum
Remedies
- Half costs in both courts
Authorities cited
Cases cited (3)
- Selle vs. Associated Motor Boat Co. Ltd. [1965] E.A. 123
- Leonard Kaunyangi vs. David Mati [2018] eKLR
- Kengen Limited & another vs. Jane Nesunga Khala (suing as the personal representative and administrator of the Estate of Alex Wekesa Nyongesa (Deceased) [2017] 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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