Mwangangi v Lizaz Enterprises Ltd & another (Civil Case E048 of 2022) [2025] KEMC 175 (KLR) (22 July 2025) (Judgment)

Facts

An accident occurred on 20/10/2021 at Siembeni area along Kibwezi-Kitui road involving motor vehicle registration number KDD 675B and motor cycle registration number KMDY 408V. The plainti sustained injuries and suered loss as a result of the accident.

Issues

1. Whether an accident occurred on 20/10/2021 at Siembeni area along Kibwezi-Kitui road involving motor vehicle registration number KDD 675B and motor cycle registration number KMDY 408V.
2. Whether the said motor vehicle belonged to the defendants at the material time.
3. Who was to blame for the accident.
4. Whether the plainti sustained injuries and suered loss as a result of the accident.
5. Whether the plainti is entitled to damages and if so, the nature and quantum thereof.
6. Who should bear the costs of this suit?

Reasoning

The court considered the evidence and submissions, and found that the accident occurred as alleged by the plainti. The doctrine of Res ipsa loquitor was applied to infer negligence on the part of the defendants.

Outcome

The court found the defendants liable for the accident and awarded damages to the plainti.

Authorities cited