John Nganga Kinuu & 2 others v Peter Rubiro Ndongi & 4 others [2020] KECA 711 (KLR)
- Court
- Court of Appeal
- Case number
- 711
- Citation
- [2020] KECA 711 (KLR)
- Decided
- 24 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment of the High Court of Kenya at Nairobi (Sergon, J) dated 13th July, 2018CoramR.N. Nambuye, M.K. Koom, S. ole Kantai
Holding
The appeal is dismissed with costs to the respondents payable by the third appellant.
Facts
The appellants were arraigned for robbery with violence in 1998, convicted, and sentenced. They filed criminal appeals, which were consolidated and heard. The re-trial found them guilty and sentenced them again.
Issues
- Whether the High Court erred in not assessing damages
- Whether the High Court erred in not considering the connection between the appellants and the commission of the offences
Reasoning
The court found no merit in the appeal, noting that the special damages pleaded by the appellants never met the threshold for pleading and proof. The third appellant is not prejudiced by the failure to quantify his damages.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- Andrew Mwari Kasaya v Kenya Bus Services [2016] eKLR
- Modekai Mwangi Nandwa v Ms. Bhogall Garage Limited Civil Appeal No. 124 of 1993 (UR)
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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