Openda v Excel Group of Schools Limited & another (Civil Case E374 of 2023) [2025] KEMC 217 (KLR) (18 September 2025) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 217
- Citation
- [2025] KEMC 217 (KLR)
- Decided
- 18 September 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trialCoramAloicy Peter Ndege
Holding
The court finds the plaintiff entitled to Kshs. 106,425.00, being general and special damages, less 50% contribution as per the finding on liability.
Facts
The plaintiff, Zachary Kenyanya Openda, was involved in a road traffic accident on April 14, 2023, while lawfully walking as a pedestrian. The accident was caused by the negligent driving of the motor vehicle registration KBJ 670E by the 2nd defendant, George Njuguna Mureithi.
Issues
- Who is to blame for the accident?
- Whether the plaintiff is entitled to the reliefs sought?
Reasoning
The court considered the nature of the injuries sustained, the period of recuperation, and the relevant case law to determine the appropriate compensation.
Outcome
The plaintiff is awarded Kshs. 106,425.00, with costs and interest to be awarded.
Orders
- 30 days stay of execution granted
- Counsel for the defense to be supplied with a certified copy of the judgment upon payment of the requisite fee
Remedies
- General and special damages
- Costs of the suit
- Interest at court rates
Authorities cited
Cases cited (3)
- Ephraim Wagura Muthui & 2 Others vrs Toyota Keny Limited & 2 Others (2019) eKLR
- Ndungu Dennis vrs Ann Wangari Ndirangu (2018) eKLR
- Wycliffe Lubanga Kefa vrs Debnnis Ochola & another (2020) eKLR
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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