Leonard Nyongesa v Derrick Ngula Righa [2013] KEHC 2298 (KLR)
- Court
- High Court of Kenya
- Case number
- 2298
- Citation
- [2013] KEHC 2298 (KLR)
- Decided
- 20 September 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Magistrate's Court judgmentCoramMARY KASANGO
Holding
The appeal is dismissed with costs to the Respondent, with the special damages awarded by the Magistrate's Court reduced to Kshs. 325,371/-
Facts
The Respondent, Derrick Ngula Righa, was a pedestrian who was hit by a motor vehicle (Reg. No. KAU 615C) driven by the Appellant, Leonard Nyongesa, resulting in serious injuries.
Issues
- Whether an instrument for which stamp duty is required under the Stamp Duty Act is admissible in evidence
Reasoning
The court held that a receipt for which payment of stamp duty is required under the Stamp Duty Act is admissible in evidence only if the person issuing the receipt takes it for stamp duty assessment.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Stamp Duty Act
Cases cited (3)
- Darshan Shah v Roopman (K) Limited & 3 Others [2005]eKLR
- Section 19 of the Stamp Duty Act
- Section 20 of the Stamp Duty Act
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.
Loading judgment…