Mastermind Tobacco (K) Ltd v Felix Okello [2005] KEHC 2467 (KLR)
- Court
- High Court of Kenya
- Case number
- 2467
- Citation
- [2005] KEHC 2467 (KLR)
- Decided
- 11 April 2005
The appeal is dismissed with costs. The award of general damages was not manifestly excessive. The magistrate did consider the defendant's submission.
Facts
Felix Okello sued Mastermind Tobacco (K) Ltd for damages after a traffic accident. The court awarded Shs.250,000/= as general damages. The appellant appealed, arguing the award was excessive and the magistrate failed to consider the defendant's submission on quantum.
Issues
- Whether the award of general damages was manifestly excessive.
- Whether the magistrate failed to consider the defendant's submission on quantum.
Reasoning
The court found that the issue of the compound fracture of the left leg was raised during the trial and the appellant had a chance to cross-examine the respondent. The two medical reports confirmed the respondent's injuries, and the magistrate was right to consider the same. The appellant's submissions were considered by the magistrate.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs
Authorities cited
Cases cited (1)
- BUTLER VS BUTLER 1984 KLR 226
Loading judgment…