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Samuel Kariuki Nyangoti v. Johaan Distelberger

(2017) JELR 94866 (CA)

Court of Appeal  •  Civil Appeal 59 of 2010  •  3 Mar 2017  •  Kenya

Coram
Erastus Mwaniki Githinji, Wanjiru Karanja, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment of the High Court (Ang’awa, J.) in a suit for damages as a result of a road traffic accident. The appeal is limited to the appellant’s claim for damages for pain, suffering and loss of amenities, motor vehicle assessor’s fees and loss of user of the damaged motor vehicle.

[2] On 9th October 2000, the respondent’s motor vehicle registration number KAH 210C collided with the appellant’s motor vehicle registration number KAL 219L along Thika-Garissa road. Thereafter, the appellant filed a suit against the respondent alleging that the accident was caused by the respondent’s negligence and claimed various heads of damages. The respondent filed a defence denying negligence and averred that the accident was caused by the appellant’s negligent driving. After the trial, the High Court determined the respondent as liable for negligence to the extent of 90% while the appellant was liable for contributory negligence to the extent of 10%.…

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