DAVID CHEROTICH LOTT & ANOTHER V JANE CHEROTICH LOTT [2012] KEHC 854 (KLR)
- Court
- High Court of Kenya
- Case number
- 854
- Citation
- [2012] KEHC 854 (KLR)
- Decided
- 6 November 2012
The court orders that interest accrues on the reduced sum of Kshs. 350,000/- as general damages from 16th June, 2010 until payment in full, and on the special damages of Kshs. 7,000/- from the date of filing suit until payment in full.
Facts
The respondent sued the appellants for damages resulting from a road traffic accident. The lower court awarded the respondent Kshs. 500,000/- as general damages and Kshs. 7,000/- as special damages, along with costs and interest. The appellants appealed, and the court substituted the sum of Kshs. 350,000/- for the original award. The issue of interest was not raised in the appeal.
Issues
- Interest on the substituted sum of Kshs. 350,000/-
- Whether the respondent is entitled to interest on the special damages of Kshs. 7,000/-
Reasoning
The court found that the omission to award interest was an oversight and an accidental slip, and that there is no basis to deny the respondent interest on the substituted sum.
Outcome
The application is allowed.
Orders
- Interest on the reduced sum of Kshs. 350,000/- as general damages accrues from 16th June, 2010 until payment in full.
- Interest on the special damages of Kshs. 7,000/- accrues from the date of filing suit until payment in full.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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