RODRECK NDIRANGU WANDARUA vs AND PETER MAINA KARIUKI [1998] KECA 79 (KLR)
- Court
- Court of Appeal
- Case number
- 79
- Citation
- [1998] KECA 79 (KLR)
- Decided
- 20 February 1998
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Mr. Justice J. V. Juma)CoramA. M. Akwiumi, P. K. Tunoi, G. S. Pall
Holding
The award of Shs.1,000,000 for the cost of prosthesis is reduced to Shs.500,000 and further reduced by 20% due to the appellant's liability being 80%. The appellant will have the costs of the appeal.
Facts
The respondent, Rodreck Ndirangu Wandaru, suffered personal injuries in a motor accident on 15th June, 1993. He was born deaf and dumb and was employed as a waiter at the time of the accident. He required a prosthesis for his damaged leg.
Issues
- The award of Shs.1,000,000 for the cost of prosthesis
- The failure to consider the submissions on mitigation of loss
Reasoning
The court considered the evidence and decided that the award was inordinately high and erroneous.
Outcome
Appeal allowed
Orders
- Award of Shs.500,000 for the cost of prosthesis reduced by 20%
Remedies
- Appellant will have the costs of the appeal
Authorities cited
Cases cited (4)
- West(H) & Son Ltd vs. Shephard [1964] AC 326
- Eliakim Abuti Bushuru vs. Francis Kihonge Nairobi H.C.C.C. NO. 4533 of 1992 (Unreported)
- Wilson Kuria & Another vs. Tibi Githiora Nairobi H.C.C.C. No. 968 of 1988 (Unreported)
- Esther Gathoni Gatonye vs. John K. Kimani & Another Nairobi H.C.C.C. No. 718 of 1992 (unreported)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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