SOCIETY OF SACRED HEART vs MARY K. ODEMU [2002] KEHC 870 (KLR)
- Court
- High Court of Kenya
- Case number
- 870
- Citation
- [2002] KEHC 870 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypecivilPostureappeal from a judgment dismissing a claim for special damagesCoramD.K.S. AGANYANYA
Holding
The appeal is dismissed with costs.
Facts
The plaintiff, Mary K. Oduemu, claimed special damages of Kshs.70,508.90 for total repair charges and assessors fees after a collision with the defendant's vehicle. The defendant claimed Kshs.228,068 for repair charges to her vehicle, towing charges, assessors fees, and investigations fees.
Issues
- whether the plaintiff proved special damages by strict proof required by law
- whether the plaintiff's claim was in anticipation of loss
Reasoning
The court found that the plaintiff did not strictly prove the special damages by evidence as required by law. The court also noted that the plaintiff's claim was in anticipation of loss and not in conformity with strict proof required in case of special damages.
Outcome
dismissed with costs
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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