By The Weekly Vision
High Court Judge Visram has ordered Easy Coach Ltd to compensate Mr William Okoli Sewe in a ruling dated 11th May 2023. The Judge had dismissed an appeal by Easy Coach requesting a review of the ruling by the lower court. Lower court Judge Hon. D. O. Mbeja (Mr.) Senior Resident Magistrate in CMCC No. 7 of 2018) had entered judgment in favour of Mr Sewe after it found Easy Coach Ltd jointly and severally liable and ordered them to pay general damages for pain and suffering in the sum of Ksh. 600,000 and special damages in the sum of Ksh. 3,050.
Mr Sewe was knocked by a bus while standing on the pavement along Haile Selassie Avenue Nairobi. He was hit by a motor vehicle, registration KBY402V resulting in injury, loss and damage. Accordingly, he sought special damages and general damages arising out of the said injury.
In the initial stages, Easy Coach denied that it was the registered owner of the said motor vehicle and further alleged negligence on the part of Mr Sewe. Aggrieved by the above judgment, Easy Coach Ltd filed an appeal Jurge Vishram in his ruling noted “Based on the evidence in the record, I am of the view that the lower court reached a reasonable conclusion”.
The ruling further reads “Further, based on the record, I see that the Respondent visited Kenyatta National Hospital on 15th June, 2017, where he was examined by Dr. Mogire. This medical report clearly states that the respondent was injured on his left leg”. In his final ruling, the judge noted based on the reasons above; “I do not find sufficient reason to interfere with the decision of the lower court”. This, therefore, means that Easy Coach Ltd lost the appeal and has been compelled to pay the Ksh. 600,000 awarded by the lower court.
