[2018] KEHC 9810 (KLR)

[2018] KEHC 9810 (KLR)

The court found that, in the absence of independent corroboration and with conflicting accounts from both parties, liability must be determined on a balance of probabilities. The Respondent was not entirely free from blame, as she did not call independent witnesses and the Police Abstract was inconclusive. However,...

Source-derived case information.

Citation
[2018] KEHC 9810 (KLR)
Parties
Appellant: Rift Valley Railways (K) Limited; Respondent: Irene Wangui Gachuhi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Appeal 206 of 2015
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal_partly_allowed
Judges
CM Kamau
Legal Topics
Personal Injury, Contributory Negligence, Future Medical Expenses, Pleadings and Particulars
Source Language
en
Tort Law Civil Procedure Personal Injury Contributory Negligence Future Medical Expenses Pleadings and Particulars

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rift Valley Railways (K) Limited

Appellant

Irene Wangui Gachuhi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Learned Trial Magistrate arrived at a correct apportionment of liability between the Appellant and the Respondent.
  2. 2 Whether there was any justification for the Learned Trial Magistrate to have awarded the Respondent future medical expenses.

Ratio Decidendi

The court found that, in the absence of independent corroboration and with conflicting accounts from both parties, liability must be determined on a balance of probabilities. The Respondent was not entirely free from blame, as she did not call independent witnesses and the Police Abstract was inconclusive. However, the Appellant was negligent in failing to provide adequate security to manage the large number of passengers, which contributed to the accident. The court apportioned liability at 60% to the Appellant and 40% to the Respondent. Regarding future medical expenses, the court held that such damages must be specifically pleaded in the plaint. Since the Respondent did not plead for...

Court Disposition

appeal_partly_allowed

Orders

  • Judgment in favour of the Respondent against the Appellant for Kshs 817,224, being general damages, special damages, and witness costs less 40% contributory negligence.
  • Costs and interest at court rates from date of judgment until payment in full.