P.N. MASHRU LIMITED V THE HON ATTORNEY GENERAL [2005] KEHC 605 (KLR)
- Court
- High Court of Kenya
- Case number
- 605
- Citation
- [2005] KEHC 605 (KLR)
- Decided
- 25 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trialCoramM.A. ANG’AWA
Holding
The court awards Ksh.3 million in norminal damages for loss of user.
Facts
The plaintiff, P.N. Mashru Limited, owned a motor vehicle that was damaged in a prison vehicle accident on December 1, 1994. The plaintiff claimed damages for the vehicle's pre-accident value, costs of assessment, medical expenses, and loss of user.
Issues
- Assessment of damages
- Claim for loss of user
Reasoning
The court found that the plaintiff failed to formally prove the damages for the vehicle, but awarded norminal damages for the loss of user based on the vehicle's unserviceability.
Outcome
The court entered judgment on the norminal damages claim.
Orders
- Judgment on the norminal damages claim
Remedies
- Interest from the date of filing suit
- Costs of the suit awarded to the plaintiff
Authorities cited
Legislation (2)
- Order 37 CPR
- Order 9a r 5 CPR
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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