[2020] KEHC 5657 (KLR)

[2020] KEHC 5657 (KLR)

The court found that the respondent, as a pillion passenger, bore no responsibility for the accident and that the appellant, as the owner of the lorry, was properly held 100% liable. The appellant failed to enjoin the cyclist as a party if he wished to attribute liability. The trial court did not err in its...

Source-derived case information.

Citation
[2020] KEHC 5657 (KLR)
Parties
Appellant: Hayer Bishan; Respondent: Romano Dady Sila
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Civil Appeal 79 of 2015
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
DN Musyoka
Legal Topics
Road Traffic Accidents, Apportionment of Liability, Quantum of Damages
Source Language
en
Tort Law Civil Procedure Road Traffic Accidents Apportionment of Liability Quantum of Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hayer Bishan

Appellant

Romano Dady Sila

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in apportioning liability at 100% against the appellant.
  2. 2 Whether the quantum of damages awarded by the trial court was justified.

Ratio Decidendi

The court found that the respondent, as a pillion passenger, bore no responsibility for the accident and that the appellant, as the owner of the lorry, was properly held 100% liable. The appellant failed to enjoin the cyclist as a party if he wished to attribute liability. The trial court did not err in its apportionment of liability. On quantum, the appellant did not file written submissions to challenge the award, and the injuries were consistent with the amount awarded. The appeal lacked merit and was dismissed in its entirety.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondent.