[2003] KEHC 36 (KLR)

[2003] KEHC 36 (KLR)

The court found that the plaintiff was not a passenger but was walking off the road when he was struck by the defendants' bus. The defendants failed to provide admissible evidence to support their version, relying on hearsay from unnamed passengers. The plaintiff's evidence, corroborated by his witness and consistent with prior traffic proceedings, was accepted as credible. The court held the second defendant negligent for driving off the road and causing the accident, attributing 100% liability to the defendants. On quantum, the court considered the severity and permanence of the plaintiff's injuries, including a serious degloving injury, permanent disability of 15-20%, and prolonged...

Citation
[2003] KEHC 36 (KLR)
Parties
Plaintiff: Jackson Wanyoike; Defendant: Kenya Bus Services Ltd; Defendant: Geoffrey Njuki
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 February 2003
Case Number
Civil Suit 297 of 2002
Procedural Posture
Civil Suit / Judgment
Outcome
judgment for the plaintiff against the defendants jointly and severally
Judges
AG Ringera
Legal Topics
Personal Injury, Negligence, Road Traffic Accident, Damages Assessment, Liability, Contributory Negligence
Source Language
English
Tort Law Personal Injury Negligence Road Traffic Accident Damages Assessment Liability Contributory Negligence

Case Brief

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Parties

Jackson Wanyoike

Plaintiff

Kenya Bus Services Ltd

Defendant

Geoffrey Njuki

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the plaintiff was walking on the verge of the road at the material time.
  2. 2 Whether the accident occurred as set out in the plaint or in the defence.
  3. 3 Whether the second defendant was negligent as alleged.

Ratio Decidendi

The court found that the plaintiff was not a passenger but was walking off the road when he was struck by the defendants' bus. The defendants failed to provide admissible evidence to support their version, relying on hearsay from unnamed passengers. The plaintiff's evidence, corroborated by his witness and consistent with prior traffic proceedings, was accepted as credible. The court held the second defendant negligent for driving off the road and causing the accident, attributing 100% liability to the defendants. On quantum, the court considered the severity and permanence of the plaintiff's injuries, including a serious degloving injury, permanent disability of 15-20%, and prolonged...

Court Disposition

judgment for the plaintiff against the defendants jointly and severally

Orders

  • The plaintiff is awarded Kshs.300,000 as general damages.
  • The plaintiff is awarded Kshs.1,100 as special damages.