Samuel Kariuki Nyangoti v Johaan Distelberger [2017] KECA 691 (KLR)
- Court
- Court of Appeal
- Case number
- 691
- Citation
- [2017] KECA 691 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court judgmentCoramE. M. Githinji, W. Karanja, S. ole Kantai
Holding
The appeal is allowed with costs, and the judgment of the High Court on quantum of damages is set aside. The special damages, general damages, loss of motor vehicle, and loss of user are recalculated and ordered.
Facts
On 9th October 2000, the respondent's vehicle collided with the appellant's vehicle along Thika-Garissa road. The appellant filed a suit for damages including pain, suffering, loss of amenities, assessor's fees, and loss of user of the damaged vehicle.
Issues
- Quantum of damages for pain, suffering, and loss of amenities
- Allowance of assessor's fees and loss of user of the motor vehicle
Reasoning
The court awards Kshs.200,000 for pain, suffering, and loss of amenities, Kshs.525,000 for loss of motor vehicle, and Kshs.240,000 for loss of user. The special damages are adjusted for interest.
Outcome
Appeal allowed
Orders
- Judgment on quantum of damages for a combined total of Kshs. 891,378.00
Remedies
- Allowance of Kshs.200,000 for pain, suffering, and loss of amenities
- Allowance of Kshs.525,000 for loss of motor vehicle
- Allowance of Kshs.240,000 for loss of user
Authorities cited
Cases cited (3)
- Kimatu Mbuvi t/a Mbuvi & Bros v Augustine Munyao Kioko [2006] eKLR
- Fredrick Ndeto Matheka v Eastern Bus Services, High Court Civil Case No. 5796 of 1993 (unreported)
- Chinese Technical Team for Kenya National Sports Complex
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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