[2016] KEHC 603 (KLR)
The court found that since the High Court had already determined the apportionment of liability in a test suit (Machakos H.C.A 201 'A' of 2011) concerning the same accident, and there was no opposition to the application, it was appropriate to adopt the judgment on liability as prayed. This adoption would allow for...
Source-derived case information.
- Citation
- [2016] KEHC 603 (KLR)
- Parties
- Plaintiff: Martha Karuu Kobia; Defendant: China Zhongxing Const. Co. Ltd; Defendant: Mbati John; Defendant: Combo DVD Coach Ltd
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 215 of 2010
- Procedural Posture
- Civil Suit / Ruling on Notice of Motion for Adoption of Judgment on Liability
- Outcome
- Application allowed as prayed. Judgment on liability adopted as per test suit.
- Judges
- DO Ogembo
- Legal Topics
- Apportionment of Liability, Adoption of Judgment, Motor Accident Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Karuu Kobia
Plaintiff
China Zhongxing Const. Co. Ltd
Defendant
Mbati John
Defendant
Combo DVD Coach Ltd
Defendant
Procedural Posture
Civil Suit / Ruling on Notice of Motion for Adoption of Judgment on Liability
Legal Issues
- 1 Whether the judgment on liability in Machakos H.C.A 201 'A' of 2011 should be adopted in this suit.
- 2 Whether the apportionment of liability as determined in the test suit is applicable to the present case.
Ratio Decidendi
The court found that since the High Court had already determined the apportionment of liability in a test suit (Machakos H.C.A 201 'A' of 2011) concerning the same accident, and there was no opposition to the application, it was appropriate to adopt the judgment on liability as prayed. This adoption would allow for the expeditious finalization of the present suit and ensure consistency in the determination of liability among related parties.
Court Disposition
Application allowed as prayed. Judgment on liability adopted as per test suit.
Orders
- Judgment on liability is adopted in favour of the plaintiff as against China Zhongxing Construction Co. Ltd at 80% and against Combo DVD Coach Ltd and Mbati John jointly at 20% as per test suit Machakos H.C.A 201 'A' of 2011.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL SUIT NO. 215 OF 2010
MARTHA KARUU KOBIA …………………....……PLAINTIFF
VERSUS
CHINA ZHONGXING CONST. CO. LTD ……1ST DEFENDANT
MBATI JOHN ………………………..…….…2ND DEFENDANT
COMBO DVD COACH LTD …………..….…3RD DEFENDANT
RULING OF THE COURT
1. The Notice of Motion before the court is dated 26th April, 2016 seeking the following orders:
a. That judgment on liability in this matter be and is hereby adopted in favour of the plaintiff as against China Zhongxing Construction Co. Ltd at 80% and against Combo Bus DVD Coach LtdandMbati John jointly 20% as per test suit H.C.A 201 “A” of 2011 – Machakos.
b. That costs be in the cause.
2. The application is premised on the ground that the High Court has determined the apportionment of liability in Machakos H.C.A 201 “A” of 2011, which was a test suit on liability for the subject accident. That the adoption of the judgment in the test suit will pave way for finalization of this suit.
3. The application is not opposed. Mr. Ogode who held brief of M/S Mudayeon 24th October, 2016 when the application was heard did not object to the grant of the same. Neither is there a response to the application.
4. From the foregoing, this court finds that the application is merited and the same is allowed as prayed.
DATED AND DELIVERED AT MACHAKOS THIS 29THDAY OF NOVEMBER, 2016.
E. OGOLA
JUDGE
In the presence of;
Mr. Langalanga holding brief for Muinde for applicant
No appearance for respondent
Court Assistant – Mr. Munyao