Customer Support

MARK KHAN TRANSPORTERS LTD
V.
PETER MBUGUA

(2009) JELR 97668 (CA)

Court of Appeal 17 Jul 2009 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 311 of 2003
Judges:Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno
Location:Kisumu
Other Citations:MARK KHAN TRANSPORTERS LTD v. PETER MBUGUA [2009] eKLR

JUDGMENT OF THE COURT

This is an appeal by the appellant, Mark Khan Transporters (K) Ltd. from the judgment of the superior court at Bungoma (Mbito, J.) dated 11th March, 2002. The said judgment arose from an appeal filed in the superior court against a judgment of the Senior Principal Magistrate dated 4th January, 1999.

The case for the respondent, Peter Mbugua, according to the pleadings filed in the trial court was that on 30th April, 1986, the respondent’s vehicle, a matatu, was involved in an accident with appellant’s tractor due to the negligence on the part of the appellant’s driver. After the hearing, the trial court gave judgment against the appellant company on liability and proceeded to award Kshs.75,000/= as special damages in respect of spares bought by the respondent together with loss of income of Kshs.5,000/= per day for a period of 37 days, the period the respondent’s vehicle was undergoing repairs. The total amount in respect of loss of use was Kshs.185,000/=.

In the su…

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.