Teenwise Media Limited v Kenatco Taxis Limited & another [2016] KEHC 3527 (KLR)
- Court
- High Court of Kenya
- Case number
- 3527
- Citation
- [2016] KEHC 3527 (KLR)
The court dismissed the appeal and affirmed the judgment of the trial court.
Facts
The appellant, Teenwise Media Limited, filed a plaint against the respondents, Kenatco Taxis Limited and Joseph Njuguna Mwangi, claiming special damages of Shs 229,850 due to damages to a motor vehicle registration number KAG. The appellant alleged that the vehicle was a write-off, but the assessor testified that it was not. The trial magistrate dismissed the appellant's suit with costs.
Issues
- Whether the court erred in failing to appreciate the appellant's submissions on liability and quantum.
- Whether the court erred in disregarding the evidence tendered by the appellant's witnesses.
- Whether the court erred in arriving at a decision to disregard the salvage value of the appellant's vehicle.
- Whether the court erred in finding that the appellant has no locus standi to institute the suit.
- Whether the court erred in making a finding on matters not pleaded by the defendant.
Reasoning
The court held that the issues for determination in a suit flow from the pleadings and that parties are bound by their pleadings. The court further held that the trial court can only pronounce judgment on issues arising from the pleadings or such issues as are raised by the parties for determination.
Outcome
Affirmed
Orders
- The order to dismiss the plaintiff's suit be set aside and the appeal be allowed.
- An award on liability and quantum be made in favour of the appellant against the respondents.
- In the alternative, the case be remanded to the lower court for proper determination.
- That costs of appeal and of the lower court be granted to the appellant.
- Any other order that this court may deem fit to grant.
Authorities cited
Cases cited (1)
- Bullen & Leake 12 Edition page 3 on the Nature and Function of Pleadings
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