Lawyer Ahmednasir Abdullahi has been dealt a blow after the High Court overturned a Sh750,000 compensation for damages caused to his car’s windscreen.
A Kajiado magistrate court had in August 2020 ordered the Kenya National Highways Authority (KeNHA) to pay the lawyer the colossal amount after his Bentley Bentyaga’s windscreen was damaged during road repairs on Nairobi Namanga Road.
But Justice Stella Mutuku, while quashing the judgment, said Abdullahi failed to table evidence or call witnesses to support his claims that the accident happened following an appeal lodged by KeNHA.
The lawyer had told the court that his car was damaged on August 30, 2018, on his way from Arusha, Tanzania.
He argued that the contractor who had been hired by KeNHA failed to erect signposts on the repair of the road, or even close it completely leaving motorists exposed to danger.
The negligence by KeNHA and the contractor, he said, exposed road users to danger.
In her judgment, Justice Mutuku noted that KeNHA owes duty of care to road users and should at all times erect warning signs when conducting any road works.
She, however, noted that the court was not satisfied with the evidence presented in court regarding Abdullahi’s trip to Tanzania and the alleged accident.
The judge noted that the complainant only produced photocopies, not certified as copies of original and his evidence required corroboration to convince the court that he suffered damages.
“As the evidence stands, it is his word of mouth alone that he traveled to Tanzania. He told the trial court that his word is sufficient. I am afraid not. At least not under these circumstances,” she said.
Further, the court said the roads agency was notified of the alleged accident a month later through a demand letter from the senior counsel.
Abdullahi, the judge said, never produced a photograph showing the extent of damage or a police report.
The money awarded was to cater for damages caused, labour for repair work and costs of the case.
Last year, Abdullahi threatened to auction KenHA’s vehicles to recover the money after delays by the agency to honour the court’s directive.