Morris Mugambi & another v Isaiah Gitiru [2004] KECA 83 (KLR)
- Court
- Court of Appeal
- Case number
- 83
- Citation
- [2004] KECA 83 (KLR)
- Decided
- 28 May 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the High Court of Kenya at MeruCoramE.O. O’KUBASU, A.G. RINGERA
Holding
The award of Kshs.1,000,000/= in general damages for pain and suffering is reduced to Kshs.500,000/=. The award of Kshs.30,100/= in special damages is upheld.
Facts
The respondent was hit by a vehicle driven by the 1st appellant, causing comminuted fractures of the left and right femurs. He was admitted to Maua Methodist Hospital and later to Meru General Hospital.
Issues
- assessment of damages
- plaintiff's contributory negligence
Reasoning
The Court found the award of general damages to be excessive and reduced it to a comparable award of Kshs.500,000/=. Special damages were upheld.
Outcome
The appellants are awarded half the costs of the appeal.
Orders
- General damages reduced to Kshs.500,000/=
- Special damages upheld at Kshs.30,100/=
Authorities cited
Cases cited (2)
- SALIM S. ZEIN T/A EASTERN BUS SERVICE & ANOTHER VS. ROSE MULEE MUTUA
- KEMFRO AFRICA LTD. T/A MERU EXPRESS SERVICE GATHOGO KANINI V. A.M. LUBIA AND OLIVE LUBIA
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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