Rosemary Waithira Mburu v Virginia Muthoni Njambi & another [2015] KEHC 3419 (KLR)
- Court
- High Court of Kenya
- Case number
- 3419
- Citation
- [2015] KEHC 3419 (KLR)
- Decided
- 26 March 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Principal MagistrateCoramAngawa, Honourable Khaminwa, Honourable Waweru, Lenaola
Holding
The court sets aside the award of Kshs 650,000/- in general damages and substitutes an award of Kshs 320,000/-.
Facts
The deceased Regina Njambi Maina was involved in a road traffic accident on 1st October, 2001. She sustained serious injuries but died unrelated to the accident on 9th June, 2002. The respondents filed a suit for compensation after her death, and the lower court awarded them Kshs 650,000/- in general damages.
Issues
- Quantum of damages
- Judgment on liability
Reasoning
The court found that the award of damages was excessive and failed to consider the deceased's pain and suffering due to the injuries sustained.
Outcome
Affirmed in part, reversed in part
Orders
- Set aside the award of Kshs 650,000/- in general damages
- Substitute an award of Kshs 320,000/- in general damages
- Award 1/2 costs of the appeal
- Award 1/2 costs of the suit in the lower court
Authorities cited
Cases cited (3)
- Razi Amin Kulate vs Clau Kruger & Another HCC 61/2003
- Denshire Muteti Wambua vs Kenya Power & Lighting Co. Ltd (2013) e KLR
- Arrow Car Ltd vs Bimomo & 2 Others (2004) 2 KLR 101
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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