[1997] KECA 295 (KLR)
The Court of Appeal found that the respondent was more to blame for the accident than the appellant, contrary to the trial court's finding. Upon reviewing the material before it, the appellate court determined that the appellant's contributory negligence was 40%, not 70% as previously held. The court therefore set...
Source-derived case information.
- Citation
- [1997] KECA 295 (KLR)
- Parties
- Appellant: Geofrey Maina Kiarie; Respondent: Justinous Peter Lando
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 61 of 1997
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Contributory Negligence, Personal Injury, Apportionment of Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Maina Kiarie
Appellant
Justinous Peter Lando
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant was entitled to a higher percentage of the damages awarded for injuries sustained in the accident.
- 2 Whether the apportionment of liability for the accident between the appellant and respondent was correct.
Ratio Decidendi
The Court of Appeal found that the respondent was more to blame for the accident than the appellant, contrary to the trial court's finding. Upon reviewing the material before it, the appellate court determined that the appellant's contributory negligence was 40%, not 70% as previously held. The court therefore set aside the judgment of the superior court and substituted it with an award of 60% of the damages to the appellant, reflecting a more accurate apportionment of liability based on the evidence. The damages awarded by the trial court were otherwise upheld, and the appellant was awarded costs and interest.
Court Disposition
appeal allowed
Orders
- The appeal is allowed with costs.
- The judgment of the superior court is set aside.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, LAKHA, JJ.A & BOSIRE, AG.J.A.)
CIVIL APPEAL NO. 61 OF 1997
BETWEEN
GEOFREY MAINA KIARIE......................................APPELLANT
AND
JUSTINOUS PETER LANDO...............................RESPONDENT
(Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Juma) delivered on the 24th day of September, 1996
in H.C.C.C. NO. 4490 OF 1992)
*****************
JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (Juma, J.) whereby he held that the appellant was entitled to 30% of the award arising from the accident which occurred on 21st September, 1991 when he was injured.
We are satisfied on all the material before us that the appellant is entitled to be paid 60% of the award as, in our opinion, the respondent was more to blame for the accident. Doing the best we can we allow the appeal and find the appellant guilty of contributory negligence to the extent of 40% only. We find nothing to interfere with the damages awarded.
Accordingly, the appeal is allowed with costs and the judgment of the superior court is set aside and we substitute therefor a sum equivalent to 60% of the award with costs and interest.
Dated and delivered at Nairobi this 30th day of October, 1997.
R.S.C. OMOLO
.............................
JUDGE OF APPEAL
A.A. LAKHA
............................
JUDGE OF APPEAL
S.E.O. BOSIRE
...................................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR