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High CourtDismissedEldoret High Court Civil Appeal (from Eldoret CMCC No. 342 of 2012)

Moi's Bridge Quarry Limited v Respondent (Minor)

High Court of Kenya
17 September 2020
SGS. M. Githinji
994 words in judgment
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The bottom line

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Employers are generally liable for driver accidents, and courts rarely overturn initial damage awards unless there is clear evidence of error.

What this practically means

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Executive summary

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This was a first appeal to the High Court at Eldoret against the judgment and decree of the Resident Magistrate (Hon. C. Obulutsa) in Eldoret CMCC No. 342 of 2012, delivered on 27 July 2015, in which the trial court gave judgment in favour of the respondent, a minor injured while loading stones onto the appellant's lorry registration No. KCA 233P. The lorry, driven by the appellant's driver, overturned after the driver suddenly started driving without notice, causing the respondent blunt trauma to the back and bruises to the left arm and leg. The appellant, Moi's Bridge Quarry Limited, contended that the respondent was not injured in the course of an employment contract with it, and that the driver who engaged the minor acted without the appellant's authority, knowledge or permission, so vicarious liability did not apply. The respondent maintained that the driver engaged the minor to load stones, making the appellant vicariously liable, and that the uncontroverted evidence established the accident and injuries. The appeal was canvassed by written submissions. The court framed two issues: the appellant's liability and whether the Kshs. 150,000 general damages award was excessive. Applying Makube v Nyamuro, the court declined to disturb the trial court's finding of fact on liability, noting the appellant called no evidence to disprove the respondent's allegations. On quantum, applying Stanley Maore v Geoffrey Mwenda, Channan Agricultural Contractors and Purity Wambui Muriithi, the court found the award not excessive. The appeal was dismissed with costs to the respondent, and a 30-day stay of execution was granted on the appellant's application.

Key legal issues

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01

Vicarious liability of the employer for the driver's acts

Holding

The trial court's finding of vicarious liability was upheld; the appellant called no evidence to controvert the respondent's testimony.

Reasoning

The respondent testified that the appellant's driver engaged him to load stones and then suddenly drove the lorry, which overturned and injured him. The appellant argued the driver acted without authority, but adduced no evidence to disprove the respondent's allegations, which therefore stood uncontroverted. Applying Makube v Nyamuro, the appellate court declined to disturb the trial court's finding of fact on liability.

p. 1
02

Whether the award of Kshs. 150,000 general damages was excessive

Holding

The award was not excessive; comparable authorities supported it.

Reasoning

The court applied the principle that comparable injuries should attract comparable awards. It relied on Channan Agricultural Contractors (award reduced to Kshs. 150,000 for moderate soft tissue injuries) and Purity Wambui Muriithi (Kshs. 150,000 for injuries to elbow, pelvis, back and knee), and concluded the trial award for blunt trauma and bruises was within the correct range.

p. 2

Legal principles established

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  • An appellate court will not interfere with a trial court's findings of fact unless based on no evidence, misapprehension of evidence, or wrong principles
  • Comparable injuries should as far as possible be compensated by comparable awards, though no two cases are exactly alike

Court orders

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  1. 1.Appeal dismissed with costs to the respondent
  2. 2.Stay of execution for 30 days granted

Authorities

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Cases cited (5)

  • Martin M. Mugi vs. Attorney General
    NRB Appeal No. 791 of 1999

    Award of Kshs. 300,000 for deep cut wound on face, mild concussion and generalized soft tissue injuries

  • Stanley Maore v Geoffrey Mwenda
    NYR CA Civil Appeal No. 147 of 2002 [2004] eKLR

    Comparable injuries should as far as possible be compensated by comparable awards

  • Channan Agricultural Contractors Ltd v Fred Barasa Mutayo
    [2013] eKLR

    Award reduced to Kshs. 150,000 for moderate soft tissue injuries expected to heal in eight months

  • Purity Wambui Muriithi v Highlands Mineral Water Company Ltd
    [2015] eKLR

    Kshs. 150,000 awarded for injuries to left elbow, pelvic region, lower back and left knee

  • Makube vs Nyamuro
    (1983) KLR 403

    Appellate court will not interfere with trial court's findings of fact unless based on no evidence, misapprehension or wrong principles

On appeal from
Resident Magistrate's Court, Eldoret
CMCC No. 342 of 2012
Jurisdiction invoked
First appeal from the Resident Magistrate's Court (civil appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Moi's Bridge Quarry Limited v Respondent (Minor)", Case Analysis (2020). Eldoret High Court Civil Appeal (from Eldoret CMCC No. 342 of 2012). Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.