WILSON K KAVIVYA v REGISTERED TRUSTEES CATHOLIC DIOCESE OF MACHAKOS & MICHAEL M MULEI [2008] KEHC 1104 (KLR)
- Court
- High Court of Kenya
- Case number
- 1104
- Citation
- [2008] KEHC 1104 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the subordinate courtCoramISAAC LENAOLA
Holding
The appeal is allowed to the extent that the award for general damages for pain and suffering is reduced to Kshs.100,000/=.
Facts
The appellant Wilson Kavivya was involved in a road accident on 18/6/2003. He alleged that the respondent, Michael M Mulei, negligently caused the accident and maliciously reported it to the police, leading to his prosecution.
Issues
- Quantum of damages for pain and suffering
- Quantum of damages for malicious prosecution
Reasoning
The court found the injuries to be minor and awarded Kshs.100,000/= for pain and suffering. The award for malicious prosecution was upheld at Kshs.50,000/=. Special damages and costs were also awarded.
Outcome
Appeal allowed
Orders
- General damages for pain and suffering reduced to Kshs.100,000/=
- Damages for malicious prosecution upheld at Kshs.50,000/=
- Special damages awarded at Kshs.1,000/=
- Appellant to have only 1⁄4 costs of the Appeal
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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