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GITU GEOFFREY & ANOR
V.
CHARLENE NJERI KURIA

(2023) JELR 111754 (CA)

Court of Appeal 6 Oct 2023 Kenya
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Case Details

Suit Number:CIVIL APPEAL NO. 158 OF 2018
Judges:HANNAH OKWENGU, J.A M. WARSAME, J.A J. MATIVO, J.A
Location:Nairobi

JUDGMENT OF THE COURT

[1] On 16th October 2012, the respondent Charlene Njeri Kuria  (Charlene), was a passenger in motor vehicle Registration No. KBM  089M, when the vehicle was involved in an accident and Charlene  suffered serious injuries. The motor vehicle was owned by Gitu  Geoffrey who is the 1st appellant before us. It was at the time of the accident, being driven by his son, Simon Gitumbirua who is the 2nd  appellant. Charlene filed a suit in the High Court at Nairobi for  general and special damages contending that the accident was caused  by the negligence of the 2nd appellant for which the 1st appellant is  vicariously liable. 

[2] Following negotiations between the parties, a consent was  recorded on liability in favour of Charlene at 90%, Charlene bearing  10% contribution. Upon hearing the evidence of Charlene and that of the 2nd appellant, the High Court gave judgment in favour of Charlene  against both appellants jointly and severally in the sum of Kshs.  34,297,222 t…

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