[2000] KEHC 174 (KLR)
The court found that the 2nd defendant, as the driver of vehicle KAA 844U, was negligent in driving at excessive speed and losing control, causing the vehicle to overturn and injure the plaintiff, a fare-paying passenger. There was no evidence of any other cause for the accident. The 1st defendant, as the employer...
Source-derived case information.
- Citation
- [2000] KEHC 174 (KLR)
- Parties
- Plaintiff: Joseph Gahuri Nyoro; Defendant: Kuria N. Kimani; Defendant: Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2739 of 1997
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Road Traffic Accidents, Negligence, Vicarious Liability, Personal Injury
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Gahuri Nyoro
Plaintiff
Kuria N. Kimani
Defendant
Another
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendants were liable for the accident involving vehicle KAA 844U resulting in injury to the plaintiff.
- 2 Whether the 1st defendant was vicariously liable for the actions of the 2nd defendant.
- 3 What quantum of damages is payable to the plaintiff.
Ratio Decidendi
The court found that the 2nd defendant, as the driver of vehicle KAA 844U, was negligent in driving at excessive speed and losing control, causing the vehicle to overturn and injure the plaintiff, a fare-paying passenger. There was no evidence of any other cause for the accident. The 1st defendant, as the employer of the 2nd defendant, was held vicariously liable for the negligent acts committed in the course of employment. The court relied on medical reports to assess the extent of the plaintiff's injuries and awarded general and special damages accordingly.
Court Disposition
Judgment for the plaintiff.
Orders
- Plaintiff awarded Kshs.150,000 as general damages.
- Plaintiff awarded Kshs.4,620 as special damages.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 2739 OF 1997
JOSEPH GAHURI NYORO………..…………………………………..PLAINTIFF -VERSUS- KURIA N. KIMANI AND ANOTHER…….…………………………..DEFENDANT
JUDGEMENT
The Plaintiff in his evidence narrated how the vehicle KAA 844U a matatu was being driven by the 2nd Defendant. It was over speeding. They were travelling on the Thika Sagana road at at Githurai the driver lost control over the vehicle which overturned.
The Plaintiff was a passenger in the vehicle having paid his fare. He received injuries as a result of the accident.
The plaintiff’s evidence pointed to the negligence of the driver of this vehicle. There was no other explanation as to why the vehicle overturned except over speeding and carelessness. The accident was therefore caused by the careless driving by the second defendant who was an employee of the 1st Defendant. The 1st Defendant was therefore vicariously liable.
The Medical report by Dr. Gichora H.K. gives details of the injuries the plaintiff received from the accident. I have also studied the report by Dr. Wokabi. I have also considered the case cited in support of the claim for damages.
I award the sum of Shs.150,000/- for General Damages.
There will be judgment for the plaintiff for the sum of Kshs.150,000 and for Shs.4,620/- as special damages.
The plaintiff shall have the cost of the suit and interest.
Dated and delivered this 2nd day of October, 2000.
KASANGA MULWA
JUDGE