Automated Summary
Key Facts
On May 15, 2016, a road traffic accident occurred along the Thika-Kandara road involving motor vehicles KBK 639 V and KAJ 405 K. The 1st Respondent, Joyce Wairimu Kamiti, was a passenger in KBK 639 V. The trial court found the Appellants (Joseph Mweangi Irungu and David Kariuki Kamau) 40% liable and the 2nd and 3rd Respondents 60% liable, awarding Kshs. 650,000 in general damages and Kshs. 28,000 in special damages. The Appellants appealed, challenging the liability assessment and the damages, but the appeal was dismissed, affirming the trial court's decision. The court cited cases such as Jitan Nagra v Abednego Nyandusi Oigo [2018] eKLR to support the damages awarded for the fracture of the right tibia fibula sustained by the 1st Respondent.
Issues
- Whether the Kshs. 650,000 general damages and Kshs. 28,000 special damages awarded to the 1st Respondent were excessive and required reduction to Kshs. 300,000 based on cited precedents.
- Whether the Court erred in its determination of liability between the Appellants (40%) and the 2nd and 3rd Respondents (60%) as per the trial judgment of 31st September 2021.
Holdings
- The court upheld the trial court's apportionment of liability, finding the Appellants liable at 40% and the 2nd and 3rd Respondents at 60%. The evidence from witnesses and police reports supported this determination, with the Appellants failing to provide contradictory evidence.
- The court affirmed the damages award of Kshs. 650,000 in general damages and Kshs. 28,000 in special damages, citing the 1st Respondent's injuries (e.g., fracture of right tibia fibula) and precedent cases. The award was deemed within acceptable ranges considering inflation and injury severity.
Remedies
- The 1st Respondent was ordered to be entitled to costs from the Appellants by the court.
- The court awarded general damages of Kshs 650,000 and special damages of Kshs 28,000 to the 1st Respondent, affirming the trial court's decision.
Monetary Damages
678000.00
Legal Principles
- The appellate court upheld the trial court's findings on liability and damages, determining that the trial judge's assessment was based on correct principles and evidence. The court emphasized that the trial judge's apportionment of liability and quantum of damages was within acceptable judicial discretion and supported by relevant precedents.
- The Appellants failed to meet their burden of proof by not presenting evidence to rebut the trial court's findings. The court noted that the Appellants did not call any evidence to challenge the testimony of the police witnesses or the trial judge's determination of liability.
Precedent Name
- Herbart Otara Murube v Dankan Ochora
- Atunga v Mogambi
- Mwavita Johnathan v Silivian Onunga
- Ibrahim Kalema Lewa v Esteel Co limited
- Jitan Nagra v Abednego Nyandusi Oigo
Judge Name
J. Wakiağa
Passage Text
- 18. In finding on liability the Court had this to say 'I note that PC Bett and Sergeant Masaku stated one thing in common..... that KAJ 405K was driven in the wrong lane....it was hit by the matatu on the left side.... The fact that KAJ 405K was hit on the left side yet it was coming from Thika towards Kandara shops that it had completely left its lane and encroached onto the lane of the oncoming traffic which is where KBK 639K was....... from the evidence it is clear that the driver of KAJ should bear higher percentage of liability..... the driver of KBK will also bear part of the liability. If he had kept a proper look out for other road users and driven at more reasonable speed in the circumstances, there is chance he would have completely avoided hitting KAJ 405 K or mitigated the impact'
- 16. From the proceedings herein, there are only two issues for determination: a. Whether the Court erred on its determination on liability b. Whether the award in damages was excessive so as to be interfered with by this Court.
- By a judgement thereon dated 9th September 2021, the Court found the Appellants liable at 40% against the 2nd and 3rd Respondents at 60% and awarded general damages at Kshs. 650,000 and special damages at Kshs. 28,000.