[2004] KEHC 2358 (KLR)
The court found that the defendant's driver was negligent in driving at high speed as he approached a roundabout, which caused the vehicle to overturn and resulted in the plaintiff's injuries. Since the driver was acting as a servant/agent of the defendant, the defendant was held vicariously liable for the accident....
Source-derived case information.
- Citation
- [2004] KEHC 2358 (KLR)
- Parties
- Plaintiff: Charles Maati Onyancha; Defendant: Ndugu Transport Company Limited
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 198 of 2002
- Procedural Posture
- Civil Suit / Formal Proof After Interlocutory Judgment
- Outcome
- Judgment for the plaintiff against the defendant for general and special damages, with costs and interest.
- Judges
- K Bauni
- Legal Topics
- Road Traffic Accidents, Employer Liability, Vicarious Liability, Negligence, Personal Injury, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Maati Onyancha
Plaintiff
Ndugu Transport Company Limited
Defendant
Procedural Posture
Civil Suit / Formal Proof After Interlocutory Judgment
Legal Issues
- 1 Whether the defendant is vicariously liable for the negligence of its driver resulting in the plaintiff's injuries.
- 2 Whether the plaintiff is entitled to general and special damages for injuries suffered in the accident.
Ratio Decidendi
The court found that the defendant's driver was negligent in driving at high speed as he approached a roundabout, which caused the vehicle to overturn and resulted in the plaintiff's injuries. Since the driver was acting as a servant/agent of the defendant, the defendant was held vicariously liable for the accident. The court accepted the plaintiff's evidence as unchallenged due to the defendant's failure to file a defence. The court awarded general damages for pain and suffering, and special damages for the medical report, but declined to award further medical expenses as they were not specifically pleaded or proved.
Court Disposition
Judgment for the plaintiff against the defendant for general and special damages, with costs and interest.
Orders
- The defendant shall pay the plaintiff KES 400,000 as general damages.
- The defendant shall pay the plaintiff KES 3,000 as special damages for the medical report.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CIVIL SUIT NO.198 OF 2002
CHARLES MAATI ONYANCHA ………………………………………… PLAINTIFF
VERSUS
NDUGU TRANSPORT COMPANY LIMITED ………………………… DEFENDANT
JUDGMENT:
Plaintiff’s claim against the defendant is for general and special damages arising from injuries suffered in a road Traffic Accident. The defendant failed to enter appearance or file a defence and interlocutory judgment was entered. Case proceeded on hearing of formal proof. Plaintiff told court that he was employed by the defendant as a turn boy in their motor vehicle reg. No.KAE 877A. On 3/8/01 they were transporting oil in the said vehicle from Mombasa to Mohoroni in Kisumu. When they reached Nairobi at Haile Salassie road the vehicle overturned at a roundabout. The plaintiff suffered a cut wound above the left eye and brain contusion. He was taken to hospital. He told the court the accident occurred due to the negligence of the driver. He was driving at a very high speed even as he approached the roundabout.
As I stated defendant did not file a defence. The court therefore had only the plaintiff’s side of the story as to how the accident occurred. He said the lorry was at a high speed as it approached the roundabout. A prudetent driver should not have done that. He should have reduced the speed. I therefore am satisfied that the defendant’s driver was negligent and wholly to blame for the accident. Being a servant/agent of the defendant the defendant is therefore vicariously liable. As to the plaintiff had pleaded shs.3000/= for medical report. He produced a receipt for DR. OGANDO – exh P5. Apart from that no amount was shown for medical expenses in the plaint. The same cannot be awarded.
As for general damages the plaintiff suffered a cut above the left eye and brain contusion. Court was not told how serious the brain contusion was. The injuries were not very serious. I feel an award of shs.400,000/= is fair sum to compensate pain and suffering and I so award. In the circumstances I enter judgment for plaintiff against defendant for shs.400,000/= general damages, shs.3000/= special damages together with costs and interests.
KABURU BAUNI
JUDGE
16/6/04
Delivered on 16th June 2004. Mr. Maisiba for Defendant and Mr. Nyamurongi for plaintiff.
KABURU BAUNI
JUDGE