RYCE MOTORS LIMITED & Another v ELIAS MUROKI [1996] KECA 30 (KLR)
- Court
- Court of Appeal
- Case number
- 30
- Citation
- [1996] KECA 30 (KLR)
- Decided
- 26 January 1996
Set aside the award of special damages for loss of profits and award costs of the appeal to the appellant.
Facts
On October 1, 1992, the plaintiff delivered his matatu to Ryce Motors Limited for service. On October 27, 1992, the matatu was involved in an accident and declared a write-off. Ryce Motors Limited took third-party proceedings against the owner of the involved vehicle, Coast Agency. The value of the matatu was not disputed, and a consent judgment was entered in favor of the plaintiff.
Issues
- Award of special damages claimed by the learned judge in the superior court
- Correct interpretation of the law regarding loss of profits for a write-off vehicle
Reasoning
The learned judge awarded special damages for loss of profits at the rate of Kshs. 4500/= for the period between 27th October, 1992 and 16th December, 1994. The court found this to be incorrect as the plaintiff did not provide acceptable evidence for the claim and the learned judge did not follow the correct legal position.
Outcome
Appeal allowed, special damages for loss of profits set aside.
Orders
- Award costs of the appeal to the appellant
Authorities cited
Cases cited (2)
- Peter Njuguna Joseph & Another vs. Ann Moraa Civil Appeal No. 23 of 1991 (unreported)
- Halsbury’s l
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