Customer Support

BOARD OF TRUSTEES OF THE ANGLICAN CHURCH OF KENYA
V.
THW

(2024) JELR 112677 (CA)

Court of Appeal 28 Nov 2024 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CIVIL APPEAL 336 OF 2019
Judges:W. KARANJA, JA J. MOHAMMED, JA L. KIMARU, JA
Location:Nyeri
Other Citations:[2024] KECA 1710 (KLR)

JUDGMENT

1. The Board of Trustees of the Anglican Church of Kenya Diocese of Marsabit, the appellant, is before us on a second appeal in a matter where the respondent’s claim for damages resulting from a serious road accident was allowed and damages awarded under different heads. THW (suing through her father and guardian ad litem HWG) is the respondent.

2. At the trial before the Magistrate’s court, the case for the respondent, who was the plaintiff in the suit, was founded on the plaint dated 5th April 2017 led at the Principal Magistrate’s Court at Marsabit. In the plaint, the respondent averred that on 11th April 2015, while aboard the appellant’s motor vehicle, registration number KBE 518P, while travelling along Marsabit- Moyale Road near Adhi Huka area, the appellant’s driver, agent, employee or servant negligently and/or recklessly managed/ controlled the appellant's motor vehicle causing it to lose control and overturn thereby causing the respondent to sustain serious injuri…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.