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Wells Fargo Limited v Peter Owour Nyabondo [2017] KEHC 6433 (KLR)

[2017] KEHC 6433 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6433
Citation
[2017] KEHC 6433 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of Hon Patrick Olengo P.M.CoramT. W. CHE
Holding

The appeal is dismissed, and the lower court's decision is confirmed.

Facts

Peter Owour Nyabondo sued Wells Fargo Limited for damages of Kshs. 171,000 due to a collision between their vehicles on January 9, 2014. The trial court found the appellant liable at 100% and awarded special damages of Kshs. 171,000.

Issues

  1. liability
  2. quantum

Reasoning

The court found no reason to interfere with the finding of liability. The court also found that the special damages claim was specifically pleaded and strictly proved, and thus the appeal is dismissed.

Outcome

Appeal dismissed

Orders

  • Lower court's decision confirmed
  • Respondent will have costs of the appeal and the proceedings in the lower court

Authorities cited

Cases cited (3)
  • 47A of the Evidence Act Chapter 80 Laws of Kenya
  • Francis Mchee Nthiga v Davis N. Waweru (2014) eKLR
  • Charles Sande v KCC Ltd CA154/92
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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