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Robinson Ochola Awuonda v. House Of Manji

(2015) JELR 96469 (CA)

Court of Appeal  •  Civil Appeal 93 of 2008  •  31 Jul 2015  •  Kenya

Coram
Wanjiru Karanja, Sankale ole Kantai, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The appellant was a passenger in a motor vehicle registration no. KAB 016S owned by the respondent. A road traffic accident occurred between the said motor vehicle and vehicle registration no. KAG 111S. As a result of the accident, the appellant sustained a fracture at the neck of the humerus bone, bruises at the cervical spine, left shoulder and front chest as well as lacerations on the face and chest.

The appellant filed suit against the respondent for negligence claiming special and general damages. The respondent denied liability asserting that its vehicle was never involved in any traffic accident as alleged or at all; the appellant also denied negligence on its part and denied liability for any loss or injury sustained by the appellant.

The trial court dismissed the appellant’s suit for reason that no police abstract report was produced in evidence to prove that the accident had occurred.

The trial court observed that in the event the suit would have succeeded,…

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