Kenya Breweries Ltd v Godfrey Odoyo (Civil Appeal 480 of 2002) [2005] KEHC 2127 (KLR) (Civ) (8 August 2005) (Judgment)
- Court
- High Court of Kenya
- Case number
- 2127
- Citation
- [2005] KEHC 2127 (KLR)
- Decided
- 8 August 2005
KBL is held fully accountable and liable for negligence and breach of duty of care to Odoyo. The award of Kshs.70,000/= for general damages is set aside and substituted with Kshs.20,000/=
Facts
Godfrey Odoyo, a fan of Tusker Malt Lager beer, consumed beer from Leader's Inn Bar that contained foreign particles and black particles on the inside surface of the glass bottle. He was taken to the Amani Medical Centre and later submitted the unopened bottle to the Kenya Bureau of Standards (KBS). KBS found the beer contained foreign particles and was not fit for human consumption. Odoyo sued Kenya Breweries Ltd (KBL) and obtained a judgment for Kshs.91,990/= in general and special damages.
Issues
- whether KBL was liable to Odoyo
- the quantum of damages awarded by the lower court
Reasoning
The injuries suffered by Odoyo were classified as 'soft tissue injuries' with no permanent disability. The award of Kshs.70,000/= was manifestly and inordinately high and must be reversed.
Outcome
KBL is held liable and awarded Kshs.21,990/= for special damages and costs. The award of Kshs.70,000/= for general damages is set aside and substituted with Kshs.20,000/=
Orders
- KBL is awarded Kshs.21,990/= for special damages and costs
- one-third of the costs of the appeal is awarded to KBL
Remedies
- KBL is held liable and awarded damages
Authorities cited
Cases cited (3)
- Kemfro Africa Limited t/a Meru Express Service Gathogo Kanini vs A. M. Lubia and Olive Lubia (1982 – 88) 1 KAR 727
- Lucy Munyoki
- Raphael Mwaniki
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