Tahmeed Coach & another v Nthenge & another (Suing as the Legal Administrators of the Estate of Gregory Mwanzia Nthenge) (Civil Appeal E028 of 2022) [2025] KEHC 9783 (KLR) (23 June 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 9783
- Citation
- [2025] KEHC 9783 (KLR)
- Decided
- 23 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Senior Principal Magistrate's CourtCoramTM MATHEKA
Holding
The appeal succeeds in part and the judgment of the subordinate court is set aside and substituted
Facts
The deceased, Gregory Mwanzia Nthenge, died in a road accident involving motor vehicles KBT 537U (the bus) and KBN 435C (Toyota Wish) on 05/11/2016. The deceased was a passenger in the Toyota Wish.
Issues
- Whether the learned trial magistrate erred in apportioning liability between the two vehicles
- Whether the quantum of damages awarded by the trial magistrate was justifiable
Reasoning
The appellate court found that the trial magistrate's apportionment of liability was not manifestly erroneous and that the quantum of damages awarded was not inordinately high or low.
Outcome
The appeal is successful in part
Orders
- The judgment of the subordinate court is set aside and substituted
Remedies
- The appellants are successful in part and the judgment of the subordinate court is set aside and substituted
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
Cases cited (2)
- Khambi & Anor -vs- Mahithi & Another [1968] EA 70
- Butt –vs Khan (1977)1KAR
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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