P W v Peter Muriithi Ngari [2017] KEHC 6035 (KLR)
- Court
- High Court of Kenya
- Case number
- 6035
- Citation
- [2017] KEHC 6035 (KLR)
- Decided
- 3 April 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment on liability and damagesCoramF. Mucemi
Holding
The award of general damages is set aside and substituted with an award of Kshs.1.6 million. Interest on special damages is awarded from the date of filing the suit. Costs are awarded to the appellant.
Facts
The appellant, a minor, was involved in an accident with the respondent's vehicle, resulting in injuries. The appellant alleged full liability, while the respondent contested the claim.
Issues
- Appellant's claim for full liability
- Award of general damages
- Interest on special damages
- Award of costs
Reasoning
The court found the award of general damages to be inordinately low and that the magistrate failed to take into account relevant factors. Interest on special damages is awarded from the date of filing the suit. Costs are awarded to the appellant.
Outcome
Appeal allowed
Orders
- Award of general damages of Kshs.1.6 million
- Award of interest on special damages from the date of filing the suit
- Award of costs to the appellant
Remedies
- Award of Kshs.1,786,904 less 25% plus costs of the suit
- Respondent to meet the costs of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Section 27 of the Civil Procedure Act
Cases cited (4)
- John Kiriru Njoroge T/A Jengo Associates Advocates Vs David Njiru [2008] eKLR
- David Thanju Karanja Vs Samuel Kimani Mombasa HCCC 60 of 1999
- Prem Lala Musa Mbuyu [1965] EA 592
- Universal Engineering Works Vs Mohamedali Suleiman Essaji [1951] 2 LRK 99
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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