DAVID C. MWANGI V OCCIDENTAL INSURANCE COMPANY LTD [2005] KEHC 3108 (KLR)
- Court
- High Court of Kenya
- Case number
- 3108
- Citation
- [2005] KEHC 3108 (KLR)
- Decided
- 4 March 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court decisionCoramF. AZANGALALA
Holding
Special damages must be specifically pleaded and strictly proved. In this case, the special damages are pleaded and the amount claimed is given.
Facts
The plaintiff, David C. Mwangi, suffered a burglary at his business premises, resulting in loss and damage. The defendant, Occidental Insurance Company Ltd, objected to the plaintiff leading evidence on the particulars of the loss.
Issues
- Whether the plaintiff's claim for special damages was properly pleaded and proved
- Whether the plaintiff was entitled to lead evidence on the particulars of the loss
Reasoning
The court held that special damages must be specifically pleaded and strictly proved, and in this case, the special damages are pleaded and the amount claimed is given.
Outcome
Affirmed
Authorities cited
Cases cited (1)
- Coast Bus Service Ltd –v- Sisco E Murunga Ndanyi and 2 others: Nairobi C.A. No.192 of 1992 (U.R.)
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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