DANIEL KARIUKI FRANCIS v JOHN GICHOVI NJIRU [2008] KEHC 1040 (KLR)
- Court
- High Court of Kenya
- Case number
- 1040
- Citation
- [2008] KEHC 1040 (KLR)
- Decided
- 15 October 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of L. W. Gitari Senior Principal MagistrateCoramJACOB AYIGA MARU, W. KARAN
Holding
The defendant was awarded Ksh.329,936 as special damages less 13% defendant's contribution to the accident
Facts
The plaintiff sued the defendant for special damages of Ksh.356,501 after a collision on 8/4/2004. The defendant denied liability and the matter proceeded to hearing with the plaintiff calling 3 witnesses and the defendant not adding any viva voce evidence.
Issues
- Quantum of special damages
- Defendant's contribution to the accident
Reasoning
The court re-evaluated the evidence and found in favor of the plaintiff, awarding Ksh.329,936 as special damages.
Outcome
Appeal dismissed
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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