George Karanja Mukundi v Mariera Francis & another [2022] KEHC 1397 (KLR)

Facts

The appellant, George Karanja Mukundi, was involved in an accident while crossing the road. The trial court found him partially responsible for the accident, apportioning 85% liability to the respondents.

Issues

1. Whether the trial court erred in apportioning liability at the ratio of 85%:15% in favor of the respondents.
2. Whether the trial court awarded damages that were inordinately low as to warrant interference by this Court.

Reasoning

The court re-evaluated the evidence and concluded that the appellant was not intoxicated at the time of the accident, and thus was not the author of his own misfortune.

Outcome

Affirmed the judgment of the trial court.

Authorities cited