Transport & Lifting Services Limited v Mbaja & another (Suing as the legal representatives of the Estate of Barack Mbaja Dawa). (Civil Appeal E104 of 2023) [2024] KEHC 7554 (KLR) (19 June 2024) (Judgment)
- Court
- High Court of Kenya
- Case number
- 7554
- Citation
- [2024] KEHC 7554 (KLR)
- Decided
- 19 June 2024
Summary at a glance
TypeCivil AppealPostureFirst AppealCoramA., SCOVIA ATIENO MBA, ESTATE OF BARACK MBA, Hancox Ag, Kneller, Majanja, P., RE ABURILI
The Court found the apportionment of liability to be fair and reasonable, and the award of quantum to be just.
Facts
Transport & Lifting Services Limited sued Scovia Atieno mbaja and Dismas Dawa Dawa for general and special damages under the Fatal Accidents Act and the Law Reform Act following a road traffic accident involving the deceased Barack Mbaja Dawa.
Issues
- Whether or not the apportionment of liability was fair and reasonable in the circumstances of this case.
- Whether or not the award of quantum was unjustified in the circumstances of this case so as to warrant interference by this court.
Reasoning
The Court re-evaluated the evidence and found the trial court's apportionment of liability to be fair and reasonable, and the award of quantum to be just.
Outcome
Affirmed
Authorities cited
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