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LEVI AGUNDABWENI vs APEX DISTRIBUTORS LIMITED & WILSON WISIWA MUDOGO [2001] KEHC 605 (KLR)

[2001] KEHC 605 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
605
Citation
[2001] KEHC 605 (KLR)
Decided
17 February 2001
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a judgment in a civil caseCoramJEANNE W. GACHECHE
Holding

The plaintiff's claim for special damages is dismissed except for the award of Shs.42,000.00, on which interest shall accrue at court rates until payment in full.

Facts

The plaintiff, Levi Agundabweni, was a passenger in a vehicle driven by the 2nd defendant, Wilson Wisiwa Mudogo, when they were involved in a road accident. The plaintiff sustained injuries and filed a lawsuit against the defendants for damages.

Issues

  1. Claim for special damages
  2. Proving the amount of special damages

Reasoning

The plaintiff failed to prove his claim for special damages as required by law. The court found that the plaintiff did not provide sufficient evidence to support the amount claimed.

Outcome

Appeal dismissed

Orders

  • Each party shall bear its costs of this suit

Remedies

  • Interest on the awarded amount at court rates until payment in full
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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