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David Waweru Mwangi v Margaret Muriithi & 2 others [2021] KEHC 676 (KLR)

[2021] KEHC 676 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
676
Citation
[2021] KEHC 676 (KLR)
Decided
20 December 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureFirst AppealCoramEC, Hon.
Holding

The 1st and 2nd respondents are liable for the accident, but the 3rd respondent is not liable for the appellant's claim.

Facts

On December 11, 2016, the appellant, David Waweru Mwangi, parked his car at the Rift Valley Sports Club. Margaret Muriithi, the 1st respondent, was driving a Toyota Hilux Surf and collided with the appellant's car, causing damage.

Issues

  1. Whether the 3rd respondent is liable for the appellant's claim
  2. Whether the appellant proved his claims against the respondents on a balance of probabilities
  3. What is the order as to costs

Reasoning

The court found that the 1st and 2nd respondents were responsible for the accident, while the 3rd respondent was not liable for the appellant's claim.

Outcome

Appeal dismissed

Orders

  • The 1st and 2nd respondents are ordered to pay compensation to the appellant

Authorities cited

Legislation (1)
  • Evidence Act Cap 80 Laws of Kenya
Cases cited (1)
  • Anne Wambui Ndiritu vs Joseph Kiprono Ropkoi & Another [2005] 1 EA 334
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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