[2020] KEHC 4905 (KLR)

[2020] KEHC 4905 (KLR)

The court found that the plaintiff had proved on a balance of probabilities that the defendants were the owners of the subject motor vehicle at the material time, based on the copy of records and the police abstract, both of which were unchallenged. The court further held that the plaintiff had established negligence on the part of the defendants by pleading and relying on the doctrine of res ipsa loquitur, and the defendants failed to rebut this presumption or provide any evidence to the contrary. The court therefore found the defendants 100% liable for the accident and the resulting death. On quantum, the court assessed damages for pain and suffering, loss of expectation of life, and...

Citation
[2020] KEHC 4905 (KLR)
Parties
Plaintiff: DWW (Suing as the legal representative and administratrix of the estate of EWW-Deceased); Defendant: Ntiyione Adijah; Defendant: Thomas Kiboi
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
19 June 2020
Case Number
Civil Suit 192 of 2020
Procedural Posture
Civil Suit / Judgment
Outcome
Judgment for the plaintiff; defendants found wholly liable.
Judges
JK Sergon
Legal Topics
Fatal Accidents, Negligence, Vicarious Liability, Damages Assessment
Source Language
English
Tort Law Civil Procedure Fatal Accidents Negligence Vicarious Liability Damages Assessment

Case Brief

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Parties

DWW (Suing as the legal representative and administratrix of the estate of EWW-Deceased)

Plaintiff

Ntiyione Adijah

Defendant

Thomas Kiboi

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the defendants were the owners of the subject motor vehicle at the material time.
  2. 2 Whether the defendants were liable for the accident resulting in the deceased's death.
  3. 3 What quantum of damages is payable to the plaintiff under the Fatal Accidents Act and Law Reform Act.

Ratio Decidendi

The court found that the plaintiff had proved on a balance of probabilities that the defendants were the owners of the subject motor vehicle at the material time, based on the copy of records and the police abstract, both of which were unchallenged. The court further held that the plaintiff had established negligence on the part of the defendants by pleading and relying on the doctrine of res ipsa loquitur, and the defendants failed to rebut this presumption or provide any evidence to the contrary. The court therefore found the defendants 100% liable for the accident and the resulting death. On quantum, the court assessed damages for pain and suffering, loss of expectation of life, and...

Court Disposition

Judgment for the plaintiff; defendants found wholly liable.

Orders

  • Defendants are found 100% liable for the accident and resulting death.
  • Plaintiff awarded KES 20,000 for pain and suffering.