Zacharia Waweru Thumbi v Samuel Njoroge Thuku [2006] KEHC 2976 (KLR)
- Court
- High Court of Kenya
- Case number
- 2976
- Citation
- [2006] KEHC 2976 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Resident Magistrate, KikuyuCoramO.K. MUTUNGI
Holding
The appeal is dismissed with costs to the Respondent and against the appellant. The special damages are allowed to K.Shs.7,356/- and the general damages are upheld at K.Shs.180,000/-.
Facts
The Plaintiff sued the Defendant in negligence for damages for injuries sustained when hit by the Defendant's vehicle. The Plaintiff alleged the Defendant negligently drove the vehicle, causing him to fall and sustain injuries.
Issues
- Award of future medical expenses
- Adequacy of special and general damages awarded
Reasoning
Future medical expenses are awardable if pleaded and proved. Special damages are not assessable by the court and must be what has been pleaded and proved. General damages are assessed based on the injuries sustained and the passage of time.
Outcome
Appeal dismissed
Orders
- Costs to the Respondent and against the appellant
Remedies
- Arithmetical correction in special damages
Authorities cited
Cases cited (2)
- EDWARD NJOROGE GICHOMO VS. PATRICK SIMIYU WEKESA & MYTRADE LTD
- ERICK KIMUTAI MUGUN VS. AUGUSTINE MAGETO ONKOBA & TWO OTHERS
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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