ROY MACKENZIE v CARTRACK KENYA LIMITED & another [2012] KEHC 5783 (KLR)
- Court
- High Court of Kenya
- Case number
- 5783
- Citation
- [2012] KEHC 5783 (KLR)
- Decided
- 20 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a judgment entered on a request for judgment under Order 10 Rule 4(2)CoramR.M. Mwongo
Holding
The Plaintiff is awarded Shs. 3,263,311/= as special damages with interest at court rates from the date of filing suit until judgment.
Facts
On 30th November, 2011, the Plaintiff was a passenger in a Toyota Hilux registration Number KBK 996 J. It was being driven by the Defendant's driver along Kinango/Mjaa Road, South Coast, when it lost control and overturned. The Plaintiff suffered serious injuries on his left shoulder, leaving him disabled and with restricted movement of his shoulder and arm.
Issues
- Determination of special damages
- Interest on special damages
- Interest on general damages
- Costs of and incidental to the suit
Reasoning
The court found that the Plaintiff's injuries were serious and that the special damages were justly awarded.
Outcome
Judgment in favor of the Plaintiff
Orders
- Judgment for the Plaintiff for Shs. 3,263,311/= as special damages with interest at court rates from the date of filing suit until judgment
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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