Nelson Rintari v CMC Motors Group Ltd [2015] KEHC 4912 (KLR)
- Court
- High Court of Kenya
- Case number
- 4912
- Citation
- [2015] KEHC 4912 (KLR)
- Decided
- 7 May 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment of the High Court of Kenya at MeruCoramJ. A. Makaau, CC Penina/Mwenda
Holding
The appeal is allowed, the lower court judgment is set aside, and the Appellant is awarded general damages for loss of earnings and costs of the appeal.
Facts
The Appellant filed a suit against the Respondent claiming general damages, special damages, loss of earnings, costs, and interest due to a vehicle breakdown caused by a wrong fitting of the oil filter.
Issues
- Responsibility for the vehicle breakdown
- Award of damages and costs
Reasoning
The court found that the cause of the vehicle breakdown was directly related to the problem caused by the wrong fitting of the filter by the Respondent's employee.
Outcome
Appeal allowed
Orders
- Award of Ksh. 321,740/= to the Appellant
- Award of general damages for loss of earnings of Ksh. 291,000/= to the Appellant
- Award of costs of the appeal to the Appellant
- Dismissal of the Respondent's appeal
Remedies
- Award of general damages and costs of the appeal
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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