Beauty Line Limited v Benedict Nyamora Monene [2018] KEELRC 2580 (KLR)

Summary at a glance

Facts

The appellant, Beauty Line Limited, was found liable to the respondent, Benedict Nyamora Monene, in a lower court judgment for 90:10 and assessed damages at Kshs.300,000.00 less 10% contribution and special damages at Kshs.5,000.00 plus costs and interests.

Issues

• The learned trial magistrate erred in law and in fact in delivering judgement in the plaintiffs favour.
• The learned trial magistrate erred in law and in fact in disregarding the evidence adduced on behalf of the defence.
• The learned trial magistrate erred in law and in awarding damages based in injuries that had not been proved.
• The learned trial magistrate erred in law and in fact in holding that the defendant was liable despite there being evidence to the contrary.
• The learned trial magistrate erred in law in failing to take into consideration the submissions tended on behalf of the defendant.
• The learned trial magistrate erred in law and in fact in entering judgement in general damages in the sum of Kshs.300,000 which was manifestly excessive in the circumstances.

Reasoning

The court re-evaluated the evidence and found that the trial court applied itself within material evidence before it and on an appropriate threshold of a balance of probabilities made its findings. The trial court did not err in law by finding that the respondent had demonstrated and met the legal burden placed on him.

Outcome

The appeal is dismissed. The judgment of the lower court is set aside, and the respondent is ordered to pay the costs.

Orders

• The sum of kshs.150,000.00 deposited with the court as directed shall be released to the parties putting into account the apportionment above at 50:50 on the award by the trial court of Kshs.300,000.00 in damages.
• Each party shall bear own costs.