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Edward Njoroge Gichomo v Patrick Simiyu Wekesa, Mytrade Ltd [2004] KEHC 1545 (KLR)

[2004] KEHC 1545 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1545
Citation
[2004] KEHC 1545 (KLR)
Decided
15 January 2004
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePlaintiff sued the first and second defendants for damages resulting from a road traffic accident.CoramGeorge Dulu
Holding

The court finds the first defendant negligent and awards the plaintiff general damages, special damages, and costs of future medical expenses.

Facts

On June 21, 1997, the first defendant, Patrick Simiyu Wekesa, was driving a vehicle belonging to the second defendant, Mytrade Limited, when it collided with the plaintiff's vehicle, causing severe injuries.

Issues

  1. Negligence of the first defendant in causing the accident
  2. Quantification of damages

Reasoning

The court found the accident was caused by the first defendant's negligence and awarded damages based on the plaintiff's medical expenses and the severity of his injuries.

Outcome

Plaintiff wins

Orders

  • General damages of Kshs.1,600,000
  • Special damages of Kshs.618,868
  • Costs of future medical expenses of Kshs.400,000

Remedies

  • Interest on special damages and costs of future medical expenses
  • Costs of the suit to the plaintiff

Authorities cited

Cases cited (1)
  • Machakos HCCC. No. 226/1998 –Zacharia Nyabuti Ondiri –vs- Tashrif Bus Services Limited
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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