[2000] KEHC 186 (KLR)
The court found that the plaintiff's evidence established that the defendant's driver negligently managed the bus, causing it to overturn and injure the plaintiff. The defendant's defence was a mere denial and did not rebut the plaintiff's case. The court held the defendant vicariously liable for the driver's...
Source-derived case information.
- Citation
- [2000] KEHC 186 (KLR)
- Parties
- Plaintiff: Philomena Kithome; Defendant: Akamba Public Bus Service
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 220 of 1991
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Negligence, Vicarious Liability, Personal Injury, Road Traffic Accidents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philomena Kithome
Plaintiff
Akamba Public Bus Service
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant was vicariously liable for the negligence of its driver resulting in the accident.
- 2 What quantum of damages is appropriate for the injuries suffered by the plaintiff.
Ratio Decidendi
The court found that the plaintiff's evidence established that the defendant's driver negligently managed the bus, causing it to overturn and injure the plaintiff. The defendant's defence was a mere denial and did not rebut the plaintiff's case. The court held the defendant vicariously liable for the driver's negligence. In assessing damages, the court considered the medical evidence, comparable case law, and inflation, awarding KES 300,000 for pain, suffering, and loss of amenities, and KES 80,000 for future medical care, totaling KES 380,000. The plaintiff was also awarded costs and interest.
Court Disposition
Judgment for the plaintiff.
Orders
- The defendant shall pay the plaintiff KES 300,000 for pain and suffering and loss of amenities.
- The defendant shall pay the plaintiff KES 80,000 for future medical care.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 220 OF 1991
PHILOMENA KITHOME….………………………………………..PLAINTIFF -VERSUS- AKAMBA PUBLIC BUS SERVICE……………………………..DEFENDANT
JUDGEMENT
LIABILITY:
The Plaintiff has sued the Defendant for damages following a road accident. In her evidence the Plaintiff told the court that on 17. 12. 88 she was in the bus owned by the Defendant travelling from Machakos to Makueni. At Kola the driver so badly managed the vehicle that it hit a wall and overturned.
The Plaintiff sustained injuries. The defendant in its Defence simply denied all the claims made by the Plaintiff in other words the Defence amounts to mere denials. I accept the Plaintiff’s evidence that the driver was guilty of negligence and therefore the Defendant was vicariously liable.
DAMAGES
The Plaintiff produced a medical report by Dr. Njoroge which gave the details of the injuries suffered by the Plaintiff as a result of the accident.
The Plaintiff through her counsel submitted several cases, which I have considered by comparing the injuries with those of the Plaintiff. I have also considered the elements of inflation taking into account the difference in time, from the time those cases were decided. In all the circumstances of this case, I would consider the sum of Shs.300,000/- as adequate.
There will be judgment for the Plaintiff as follows:
(1) For pain and suffering and loss of amenities Shs.300,000
(2) For future medical care Shs. 80,000
Total Shs. 380,000
The Plaintiff shall have the costs of the suit and interest.
Dated and delivered this 6th day of October, 2000.
KASANGA MULWA
JUDGE