Mombasa Maize Millers Kisumu Ltd v Dennis Orora Nyabuto [2016] KEHC 928 (KLR)
- Court
- High Court of Kenya
- Case number
- 928
- Citation
- [2016] KEHC 928 (KLR)
- Decided
- 8 December 2016
The appeal is allowed to the extent that the judgment on general damages is set aside and substituted with a sum of Ksh. 1,000,000, and the award of Ksh. 64,984 for special damages is sustained.
Facts
The appellant, Mombasa Maize Millers (Kisumu) Ltd, was sued by the respondent, Dennis Orora Nyabuto, for damages arising from a road accident on September 20, 2014. The respondent suffered injuries and sought general and special damages.
Issues
- Quantum of damages awarded by the trial court
- Whether the award of Ksh. 2 million for general damages was excessive
Reasoning
The court found the award of Ksh. 2 million for general damages excessive, considering the respondent's injuries were more serious than those in the cited authorities, and reduced it to Ksh. 1 million.
Outcome
The appellant is ordered to pay the respondent Ksh. 1,064,984 less 25% respondent's contributory negligence, costs, and interest.
Orders
- Judgment entered against the appellant in favour of the respondent in the total sum of Ksh. 1,064,984
Authorities cited
Cases cited (1)
- Kemfro Africa Ltd t/a Meru Express Services & Another Vs. A.M Lubia & Another (1982 – 1988)KAR 727
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