Moses Ng’ethe v Benjamin Wambua Kisilu [2021] KEHC 8353 (KLR)
- Court
- High Court of Kenya
- Case number
- 8353
- Citation
- [2021] KEHC 8353 (KLR)
- Decided
- 18 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the learned trial magistrateCoramC. W. Githua, L. Njuguna
Holding
The appeal is allowed. Liability is apportioned 80:20 in favor of the respondent. The respondent is awarded damages of KShs.1,067,455.
Facts
Respondent sued appellant for personal injuries sustained in a road traffic accident on 22nd June 2015. The respondent blamed the appellant and his agent's negligence for the accident.
Issues
- Whether the learned trial magistrate erred in finding the appellant 100% liable for the accident.
- Whether the trial court's award of special damages was correct.
Reasoning
The court found the trial court's finding of 100% liability for the appellant to be erroneous. The special damages award was set aside and substituted with a lower amount.
Outcome
Appeal allowed
Orders
- Judgment of the trial court set aside
- Award of damages substituted
Remedies
- Pain and suffering - KShs.1,000,000
- Cost of future medical expenses - KShs.300,000
- Special damages - KShs.34,319
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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