Anupkumar Sedani v Crown Bus Services Limited [2017] KEHC 3675 (KLR)
- Court
- High Court of Kenya
- Case number
- 3675
- Citation
- [2017] KEHC 3675 (KLR)
- Decided
- 24 August 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree in a civil caseCoramT. W. Cherere
Holding
The appeal is allowed to the extent that the trial court's decision dismissing the appellant's claim for repair costs is set aside and substituted with an award for the sum of Kshs. 146,972/-
Facts
The appellant, Anupkumar Sedani, sued the respondent, Crown Bus Services Limited, for damages after his vehicle was rammed by the respondent's vehicle, resulting in loss.
Issues
- Quantum of damages for repair costs
- Whether the appellant's claim for repair costs can be specifically pleaded and strictly proved
Reasoning
The court allowed the appeal on the grounds that the trial court's decision was based on insufficient evidence and misinterpreted the principles of special damages.
Outcome
The appellant's claim for repair costs is reinstated with an award of Kshs. 146,972/-
Orders
- Award of Kshs. 146,972/- for repair costs
Remedies
- Costs of this appeal and of the trial in the lower court
Authorities cited
Cases cited (4)
- Kiruga Vs Kiruga & Another [1988] KLR
- Makube v Nyamuro (1983) KLR 403
- Francis Mchee Nthiga v Davis N. Waweru (2014) eKLR
- Wells Fargo Limited v Peter Owour Nyabondo (Supra)
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.
Loading judgment…