JUDGMENT OF THE COURT
The appellant, Rubangura Rose, has appealed against the judgment of the High Court which found that both herself, and the respondent were liable for the accident that occurred on 8th July 2008 between Motor Vehicle RAA 774N belonging to the appellant, and Motor Vehicle registration no. RAA 123G belonging to the respondent.
On 8th July 2008 when the appellant’s motor vehicle was parked along Gor Mahia Road in Kisumu town, the driver of the respondent’s motor vehicle caused it to violently collide into the appellant’s motor vehicle, thereby causing it extensive damage. As a result of the accident, the appellant stated that she incurred repair costs amounting to Kshs. 1,234,430/- and suffered loss of user of the motor vehicle at the rate of Kshs.1 million per month as the appellant was unable to hire out the motor vehicle to transport petrol and petroleum products from Kenya to Rwanda whilst it was under repair.
The appellant filed suit in the High Court and claimed da…