John Wachira Gathagu & another v Benjamin Muriuki Kithumbu [2015] KEHC 406 (KLR)
- Court
- High Court of Kenya
- Case number
- 406
- Citation
- [2015] KEHC 406 (KLR)
- Decided
- 27 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Senior Principal MagistrateCoramR. Njue
Holding
The award of general damages is reduced to Kshs 500,000/- less 20% contributory negligence, resulting in a total award of Kshs 400,000/-.
Facts
The respondent was a passenger on a motorcycle that was hit by the appellants' vehicle, resulting in a fracture of the respondent's tibia around the knee area.
Issues
- Excessive award of general damages
- Failure to consider appellant's evidence and submissions
Reasoning
The court found the award excessive and reduced it based on comparable awards and the incidence of inflation.
Outcome
Appeal successful
Orders
- Appellants' appeal succeeds
- Appellants to bear their own costs of the appeal
Remedies
- Award of Kshs 400,000/- in general damages
Authorities cited
Cases cited (2)
- Ali Abdallah Mbarak v. Jagdish Udani Mombasa HCCC No 3 of 2002
- Selle v. Associated Motor Boat Company (1968) EA 123
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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