[2020] KEHC 5461 (KLR)

[2020] KEHC 5461 (KLR)

The High Court found that the trial court erred in apportioning 20% liability to the respondent. Upon re-evaluation of the evidence, the appellate court determined that the deceased was solely responsible for the accident. The evidence of the appellant's witnesses was inconsistent and did not support the pleaded...

Source-derived case information.

Citation
[2020] KEHC 5461 (KLR)
Parties
Appellant: Loyford Muthuri Gitangata (Suing as the Administrator of the estate of the late Denis Muthamia Gitangata); Respondent: Geoffrey Gitonga
Court
High Court
Court Station
High Court at Chuka
Jurisdiction
Kenya
Judgment Date
28 May 2020
Case Number
Civil Appeal 1 of 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed. The lower court's apportionment of 20% liability to the respondent is set aside. The appellant's entire suit is dismissed with costs to the respondent both in the lower court and on appeal.
Judges
BB Limo
Legal Topics
Road Traffic Accidents, Apportionment of Liability, Negligence, Burden of Proof
Source Language
english
Tort Law Civil Procedure Road Traffic Accidents Apportionment of Liability Negligence Burden of Proof

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Parties

Loyford Muthuri Gitangata (Suing as the Administrator of the estate of the late Denis Muthamia Gitangata)

Appellant

Geoffrey Gitonga

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in apportioning 80% liability to the deceased and 20% to the respondent.
  2. 2 Whether the trial court placed undue reliance on the evidence of the police officer (PW3) who was not an eyewitness.
  3. 3 Whether the trial court failed to adequately analyze and interrogate the evidence on liability.

Ratio Decidendi

The High Court found that the trial court erred in apportioning 20% liability to the respondent. Upon re-evaluation of the evidence, the appellate court determined that the deceased was solely responsible for the accident. The evidence of the appellant's witnesses was inconsistent and did not support the pleaded case of excessive speed or negligence by the respondent's driver. The police officer's evidence, supported by the police file and sketch plan, indicated that the deceased failed to keep to his lane and collided with the respondent's lorry on the respondent's correct side of the road. The respondent's driver was driving at low speed over bumps and could not have avoided the...

Court Disposition

Appeal dismissed. The lower court's apportionment of 20% liability to the respondent is set aside. The appellant's entire suit is dismissed with costs to the respondent both in the lower court and on appeal.

Orders

  • The appeal is dismissed.
  • The finding of the lower court apportioning 20% liability to the respondent is reversed and set aside.