Salim Golamali t/a Kalenjin Auto Hardware v Lucas Okoa Nyangesa [2005] KEHC 1538 (KLR)
- Court
- High Court of Kenya
- Case number
- 1538
- Citation
- [2005] KEHC 1538 (KLR)
- Decided
- 8 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Senior Resident MagistrateCoramJ.K. SERGON
Holding
The appeal is dismissed with costs to the Respondent, with the exception that the amount of Ksh.250,000/= should be reduced by 10% to Ksh.225,000/=
Facts
On April 21, 1998, Violet Akinyi Okoa, a daughter of the Respondent, was walking along Nambale-Mumias road when she was hit by a vehicle driven by the appellant, resulting in her fatal injuries.
Issues
- assessment of damages under the Law Reform and Fatal Accidents Act
- excessive damages awarded
Reasoning
The court found that the trial magistrate's assessment of damages was not harsh or excessive, and that the appellant failed to submit on quantum before the trial court.
Outcome
Appeal dismissed
Orders
- Award of Ksh.225,000/=
Authorities cited
Legislation (1)
- Law Reform and Fatal Accidents Act
Cases cited (1)
- KENYA BREWERIES VS ALI KAHINDI SARO C.A. No. 144 of 1990
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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