Nkuene Dairy Farmers Co-op Society Ltd & another v Ngacha Ndeiya [2010] KECA 20 (KLR)
- Court
- Court of Appeal
- Case number
- 20
- Citation
- [2010] KECA 20 (KLR)
- Decided
- 10 December 2010
We agree with Mr. Charles Kariuki that the Assessor's report was sufficient proof and the failure to produce receipts for any repairs done was not fatal to the respondent's claim. We dismiss this appeal with costs to the respondent.
Facts
Ngacha Ndeiya claimed damages for a motor vehicle registration No. KZC 257, which was repaired at a total cost of Kshs.131,443/= inclusive of spares and labour charges. He also claimed loss of user of the motor vehicle during the period it was under repair. Nkuene Dairy Farmers Co-operative Society Limited and James Kimathi were named as defendants.
Issues
- Whether the respondent's claim for damages was properly substantiated.
- Whether the failure to produce receipts for repairs was fatal to the respondent's claim.
Reasoning
The court accepted the respondent's claim for damages based on the Assessor's report, which was sufficient evidence to substantiate the claim. The failure to produce receipts for repairs was not a fatal flaw.
Outcome
Appeal dismissed with costs to the respondent.
Authorities cited
Cases cited (1)
- David Bagine v. Martin Bundi Civil Appeal No. 283 of 1996
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