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Makori v Bikundo (Civil Case E881 of 2021) [2024] KEMC 139 (KLR) (11 July 2024) (Judgment)

[2024] KEMC 139 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
139
Citation
[2024] KEMC 139 (KLR)
Decided
11 July 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeNegligencePostureAppeal from the original trial outcomeCoramPA Ndege
Holding

The plaintiff is entitled to special and general damages for the injuries sustained in the accident.

Facts

Henry Momanyi Makori was a motorcyclist who sustained severe injuries in a road traffic accident on or about 04.08.2020. The accident was caused by the defendant, Nyandoro Josiah Bikundo, who was driving a lorry over speeding and carelessly.

Issues

  1. Who is to blame for the accident?
  2. Whether the plaintiff is entitled to the reliefs sought?

Reasoning

The court determined that the plaintiff was entitled to damages as the defendant was found to be negligent in causing the accident.

Outcome

The plaintiff is awarded special and general damages.

Authorities cited

Cases cited (2)
  • Muruingu Kanoru Jeremiah Vrs Stephen Ungu M’mwarabua [2015] eKLR
  • The Halsbury’s Laws Of England, 4Th Edition, Volume 17, at paras 13 and 14
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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