Joseph Kimani & another v James Kangara Kahanya [2017] KEHC 294 (KLR)
- Court
- High Court of Kenya
- Case number
- 294
- Citation
- [2017] KEHC 294 (KLR)
- Decided
- 31 October 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypecivilPostureAppeal from a judgment of the trial courtCoramJ.N. MULWA, R. LAGAT KORIR
Holding
The appeal is partly successful, with the special damages upheld and the award of loss of business set aside.
Facts
The 1st Appellant's vehicle was involved in an accident with the 1st Respondent's vehicle on September 12, 2010. The 1st Appellant sued for repair costs and other related costs, blaming the 1st Respondent for the accident.
Issues
- the award of damages for loss of business
- the award of special damages
- the towing charges
Reasoning
The court found that the award for loss of business was not supported by evidence and was erroneously awarded. The special damages were strictly proved and upheld.
Outcome
The appeal is partly successful, with the 1st Respondent awarded Kshs.259,875.
Orders
- The 1st Respondent is awarded Kshs.259,875.
- The 1st Respondent is awarded interest on the award at court rates.
- Each party bears their own costs, but the 1st Appellant pays the trial court costs to the 1st Respondent.
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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