[2020] KEHC 6422 (KLR)

[2020] KEHC 6422 (KLR)

The court found that the appellant failed to prove negligence on the part of the respondents. The evidence, including that of the investigating officer and the driver, established that the appellant was in the middle of the road and contributed to the accident by crossing unsafely. The trial court's finding that the...

Source-derived case information.

Citation
[2020] KEHC 6422 (KLR)
Parties
Appellant: Peninah Ndunge Musingila; Respondent: The Trustees of the Catholic Diocese of Machakos; Respondent: Mutua Patrick
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Case Number
Civil Appeal 159 of 2011
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
BC Koech
Legal Topics
Road Traffic Accidents, Negligence, Contributory Negligence, Assessment of Damages
Source Language
en
Tort Law Civil Procedure Road Traffic Accidents Negligence Contributory Negligence Assessment of Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

Peninah Ndunge Musingila

Appellant

The Trustees of the Catholic Diocese of Machakos

Respondent

Mutua Patrick

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether negligence was proven against the respondents and the extent of liability.
  2. 2 Whether the trial court's findings on liability and quantum should be disturbed.
  3. 3 Whether the appellant is entitled to damages for pain, suffering, loss of amenities, special damages, and future medical expenses.

Ratio Decidendi

The court found that the appellant failed to prove negligence on the part of the respondents. The evidence, including that of the investigating officer and the driver, established that the appellant was in the middle of the road and contributed to the accident by crossing unsafely. The trial court's finding that the appellant was solely responsible for the accident was upheld. On quantum, the court held that the award of Kshs 250,000/- for general damages was reasonable given the nature of the injuries and comparable case law. The claim for future medical expenses was specifically pleaded but not proven. The appellate court found no reason to disturb the trial court's findings on...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.
  • The finding of the trial court is upheld.