COAST BUS MOMBASA LTD v ANNE AWITI ONEGE [2012] KEHC 5324 (KLR)
- Court
- High Court of Kenya
- Case number
- 5324
- Citation
- [2012] KEHC 5324 (KLR)
- Decided
- 16 February 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the trial courtCoramALI-ARONI JUDGE
Holding
The award of general damages is reduced to Ksh 350,000. Special damages are awarded for Ksh 1,500 for the medical report and Ksh 137,018 for unpaid hospital bills. The award is apportioned at 80% to the respondent and 20% to the appellant.
Facts
The respondent Anne Awiti Onege claimed general and special damages for a road traffic accident caused by the appellant's driver. The trial court awarded Ksh 650,000 for general damages and Ksh 138,578 for special damages.
Issues
- The award of general damages of Ksh 650,000 is excessive.
- The award of special damages of Ksh 138,578 is neither specifically pleaded nor strictly proved.
- The trial court did not apply the correct principles in determining quantum.
- The trial court's decision was biased and against the weight of evidence.
Reasoning
The court found the general damages award excessive and reduced it. Special damages were awarded based on the evidence of incurred but unpaid medical expenses.
Outcome
Appeal upheld in part, judgment modified.
Orders
- Award of general damages reduced to Ksh 350,000.
- Special damages awarded for Ksh 1,500 for the medical report and Ksh 137,018 for unpaid hospital bills.
- Award apportioned at 80% to the respondent and 20% to the appellant.
Remedies
- The respondent is awarded Ksh 1,500 for the medical report and Ksh 137,018 for unpaid hospital bills.
- The appellant is ordered to pay costs.
Authorities cited
Cases cited (8)
- Ratcliffe VS Evas (1892) 24B 524
- Stromp Brucks Akhe Bolaq VS John & Peter Hutchim (1905) AC 575
- Kampala City Council VS Nakaye (1972) EA 446
- Ouma VS Nairobi City Council (1976) KLR
- Geoffrey Mburu Theuri VS Board of Trustee Arch Diocese of Nyeri HCC NO. 81 OF 2002
- Eric Onyango Okumu VS SDV, Transami (K) Ltd MBS HCCC No. 1031 of 2004
- James Nguchu Kibe VS Simon Muruchi Thiga & Anor. HCC NO. 5066 of 1991
- Eunice Wanjiru Kamau VS Christopher Mwaura HCC NO. 1559 OF 1998
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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