Wanyonyi Wanjala Luvisia v Nzoia Sugar Company Limited [2017] KEHC 7301 (KLR)
- Court
- High Court of Kenya
- Case number
- 7301
- Citation
- [2017] KEHC 7301 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypecivilPostureAppeal from a judgment awarding damages in a personal injury caseCoramAli-Aroni
Holding
The award of Kshs.200,000/- is set aside and replaced with an award of Kshs.501,500/-
Facts
The appellant, Wanyonyi Wanjala Luvisia, was injured while working as a sugar loader, resulting in a fracture of his right femur. He sought general and special damages.
Issues
- The award of damages was too low
- The trial court's reliance on the respondent's counsel's submissions was criticized
Reasoning
The court found the award to be inordinately low and failed to account for the permanent injuries sustained by the appellant.
Outcome
Appeal successful
Orders
- Set aside the original award of Kshs.200,000/-
- Award Kshs.501,500/- in general damages and Kshs.1,500/- in special damages
Remedies
- Damages of Kshs.501,500/-
- Costs of the suit
Authorities cited
Cases cited (5)
- James Mwaniki vs Margaret Mbugua
- Jackline Syombua vs BOG Ekalakala Secondary school
- Kigaraari v Aya
- Francis Maina Karsura vs Nahashon Wanjau Mureithi
- Kenyatta University vs Isaac Karumba Nyuthe
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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