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VICTORIA MUTIO v RAPHAEL K. NZAA [2000] KEHC 386 (KLR)

[2000] KEHC 386 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
386
Citation
[2000] KEHC 386 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a judgment on liabilityCoramM.A. ANG’AWA
Holding

The plaintiff sustained injuries and is entitled to General Damages of Ksh.400,000 and costs. Other claims are dismissed.

Facts

Victoria Mutio was involved in an accident on the Thika-Garissa road at Makutano on May 17, 1992. She sustained injuries including paralysis of her right arm and bruises on her legs, face, and right arm.

Issues

  1. Did the plaintiff sustain injuries as a result of the accident?
  2. Is the plaintiff entitled to General and Special Damages?
  3. What order shall be made with regard to costs.

Reasoning

The court found that the plaintiff sustained injuries and awarded General Damages of Ksh.400,000. Other claims were dismissed due to lack of proof.

Outcome

Appeal upheld, judgment affirmed

Orders

  • Liability 80% against the defendant
  • General Damages Ksh.400,000
  • Costs awarded to the plaintiff
  • Interest from the date of this judgement

Remedies

  • General Damages of Ksh.400,000
  • Costs awarded to the plaintiff
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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