[2005] KEHC 1500 (KLR)
The court found that the plaintiffs had adduced sufficient evidence to prove, on a balance of probabilities, that the defendant negligently drove and managed the motor vehicle, causing it to veer off the road and roll over, resulting in injuries to the plaintiffs. The defendant's failure to defend the suit or...
Source-derived case information.
- Citation
- [2005] KEHC 1500 (KLR)
- Parties
- Plaintiff: Catherine Wanjiru Kingori; Plaintiff: Catherine Wanjiru (A Minor suing through her next friend Catherine Wanjiru Kingori); Plaintiff: Christine Wangari Kingori (A Minor suing through her next friend and mother Catherine Wanjiru Kingori); Plaintiff: Herman Wachira Kingori (A Minor suing through next friend and mother Catherine Wanjiru Kingori); Defendant: Gibson Theuri Gichubi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case 320 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiffs; defendant held 100% liable.
- Legal Topics
- Negligence, Road Traffic Accidents, Personal Injury, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Wanjiru Kingori
Plaintiff
Catherine Wanjiru (A Minor suing through her next friend Catherine Wanjiru Kingori)
Plaintiff
Christine Wangari Kingori (A Minor suing through her next friend and mother Catherine Wanjiru Kingori)
Plaintiff
Herman Wachira Kingori (A Minor suing through next friend and mother Catherine Wanjiru Kingori)
Plaintiff
Gibson Theuri Gichubi
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant was negligent in driving, managing, or controlling the motor vehicle resulting in the accident and injuries to the plaintiffs.
- 2 Whether the plaintiffs are entitled to damages for the injuries suffered as a result of the accident.
Ratio Decidendi
The court found that the plaintiffs had adduced sufficient evidence to prove, on a balance of probabilities, that the defendant negligently drove and managed the motor vehicle, causing it to veer off the road and roll over, resulting in injuries to the plaintiffs. The defendant's failure to defend the suit or challenge the evidence led to a finding of 100% liability against him. The court assessed damages for each plaintiff based on the nature and extent of their injuries, guided by medical reports and relevant case authorities. Judgment was entered in favour of the plaintiffs for the specified sums, together with costs of the suit.
Court Disposition
Judgment for the plaintiffs; defendant held 100% liable.
Orders
- Defendant to pay the 1st plaintiff a global sum of Ksh.300,000.
- Defendant to pay the 2nd plaintiff a global sum of Ksh.100,000.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
Civil Case 320 of 1998
CATHERINE WANJIRU KINGORI……………………...………….1ST PLAINTIFF
CATHERINE WANJIRU (A Minor suing through
her next friend CATHERINE WANJIRU KINGORI)……………...2ND PLAINTIFF
CHRISTINE WANGARI KINGORI (A Minor suing through
her next friend and mother CATHERINE WANJIRU KINGORI....3RD PLAINTIFF
HERMAN WACHIRA KINGORI(A Minor suing through
next friend and mother CATHERINE WANJIRU KINGORI…..…4TH PLAINTIFF
Versus
GIBSON THEURI GICHUBI…………………………………………..DEFENDANT
JUDGMENT
Plaintiffs in this case were fare-paying passengers travelling along Nyahururu/Nyeri road on motor vehicle registration No. KZU 371 driven by the Defendant. Evidence is that the Defendant so negligently drove, managed and or controlled the said motor vehicle that he caused or permitted the said motor vehicle to veer off the road and roll over as a result of which the Plaintiffs suffered bodily injuries.
The First Plaintiff suffered injury on the left ankle, injuries on the legs and injuries on the chest.
The Second Plaintiff suffered injury on the back.
The Third Plaintiff suffered injuries, multiple soft tissue injuries, injury on the left elbow joint, and injuries on both ankles.
The Fourth Plaintiff suffered injury on the neck and had headache.
Medico-legal reports were produced in support the Plaintiffs having been treated at various hospitals.
The Defendant did not care to defend himself in this case – which was heard by my learned brother, Hon. Mr. Justice J. V. O. Juma, ex-parte. Submissions were subsequently filed but the learned judge left station before he wrote the judgment and I have been called upon to do it.
I have read the pleadings, the evidence and submissions. I find there is sufficient evidence proving the case for the Plaintiffs against the Defendant. I do therefore enter judgment for the Plaintiffs against the Defendant at the liability of 100% in respect of each Plaintiff against the Defendant. Taking into account the case authorities cited by M/S Kagondu & Mukunya, Advocates for the Plaintiffs, I do hereby order the Defendant pay the Plaintiffs
as follows:-
1st Plaintiff: A global sum of Ksh.300,000/=
2nd Plaintiff: A global sum of Ksh.100,000/=
3rd Plaintiff: A global sum of Ksh.350,000/=
4th Plaintiff: A global sum of Ksh.100,000/=
The Defendant to pay costs f the suit to the Plaintiffs.
Dated this 1st day of July, 2005.
J. M. KHAMONI
JUDGE