[2023] KEHC 3764 (KLR)

[2023] KEHC 3764 (KLR)

The High Court found no error in the trial court's application of legal principles regarding both the apportionment of liability and the quantum of damages. The evidence supported a finding that both parties contributed to the accident, justifying the 50:50 split in liability. The award of Kshs 300,000.00 as general...

Source-derived case information.

Citation
[2023] KEHC 3764 (KLR)
Parties
Appellant: Emmanuel Sole Murono; Respondent: Rodgers Murunga
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
28 April 2023
Case Number
Civil Appeal 102 of 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed. Each party to bear their own costs.
Judges
WM Musyoka
Legal Topics
Road Traffic Accidents, Negligence, Apportionment of Liability, General Damages
Source Language
english
Tort Law Road Traffic Accidents Negligence Apportionment of Liability General Damages

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Parties

Emmanuel Sole Murono

Appellant

Rodgers Murunga

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in apportioning liability at 50:50 between the appellant and respondent.
  2. 2 Whether the award of general damages at Kshs 300,000.00 was erroneous.

Ratio Decidendi

The High Court found no error in the trial court's application of legal principles regarding both the apportionment of liability and the quantum of damages. The evidence supported a finding that both parties contributed to the accident, justifying the 50:50 split in liability. The award of Kshs 300,000.00 as general damages was not shown to be manifestly excessive or inadequate, and there was no misdirection or misapprehension of the evidence by the trial court. Consequently, the appeal lacked merit and was dismissed in its entirety.

Court Disposition

Appeal dismissed. Each party to bear their own costs.

Orders

  • The appeal is dismissed.
  • Each party shall bear their own costs.