WILLIAM NDINYA OMOLLO vs COME CON AFRICA LIMITED [2004] KEHC 2046 (KLR)
- Court
- High Court of Kenya
- Case number
- 2046
- Citation
- [2004] KEHC 2046 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment of the High Court of Kenya at EldoretCoramR. Nambuye, George Dulu
Holding
Judgment in favor of the plaintiff for special damages of Kshs.2,805,255.00 with interest and costs, and general damages are disallowed.
Facts
The plaintiff, William Ndinya Omollo, is the registered owner of a bus, KAG 185 Isuzu, which was negligently driven into by the defendant's lorry, KQL 437 Leyland, causing extensive damage.
Issues
- Negligence of the defendant's employee
- Special and general damages
- Loss of use of the vehicle
Reasoning
The court found the defendant negligent and awarded damages for repair costs and loss of use of the vehicle, but denied general damages.
Outcome
Judgment in favor of the plaintiff
Orders
- Special Damages: Kshs.1,950,250.00 for repairs, Kshs.855,000.00 for loss of use, Total: Kshs.2,805,255.00 with interest
- Costs of the suit
- General damages disallowed
Remedies
- Special Damages: Kshs.1,950,250.00 for repairs, Kshs.855,000.00 for loss of use, Total: Kshs.2,805,255.00 with interest
- Costs of the suit
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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