Kenblest Limited v John Mutisya Wambua [2016] KEHC 6227 (KLR)
- Court
- High Court of Kenya
- Case number
- 6227
- Citation
- [2016] KEHC 6227 (KLR)
- Decided
- 2 March 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment awarding damagesCoramJ.Mohamed, Kimaru, Kneller, Lenaola
Holding
The appeal is allowed, and the trial court's award of Ksh.220,000 for pain and suffering is set aside. The court substitutes an award of Ksh.150,000 for general damages.
Facts
The appellant, Kenblest Limited, was injured in a workplace accident, resulting in cut wounds on the head and left forearm. The respondent, John Mutisya Wambua, was found liable for the injuries. The trial court awarded Ksh.220,000 in damages for pain and suffering.
Issues
- Quantum of damages awarded by the trial court for pain and suffering
Reasoning
The court agrees with the principle that the appellate court should not interfere with the exercise of discretion by a trial court unless it is clearly wrong. The court considers the award to be inordinately high and substitutes a lower amount.
Outcome
Appeal allowed
Orders
- Award of Ksh.150,000 for general damages instead of Ksh.220,000
Remedies
- Interest on the total damages from 10th June 2010
Authorities cited
Cases cited (5)
- Benson Charles Ochieng and Anor. v. Susan Odhiambo (2013) eKLR
- Mbogo v. Shah (1968) EA 93
- Kemfro Africa Limited T/A Meru Express Service, Gathogo Kanini v. A. M. Lubia and Olive Lubia (1982-88) 1 KAR 727
- Ilango v. Manyoka (1961) 705
- Simon Muchemi Atako and Peter Ambani Shrindwa v. Gordon Osore Civil Appeal No. 180 0f 2005 of 8 th November 2013
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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