Phineas Kirimi & another v Fridah Gaicugi [2017] KEHC 7513 (KLR)
- Court
- High Court of Kenya
- Case number
- 7513
- Citation
- [2017] KEHC 7513 (KLR)
- Decided
- 8 March 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Ag. Principal MagistrateCoramR. K. LIMO
Holding
The appeal is allowed, the award of Kshs.460,101 is set aside, and the respondent is awarded Kshs.252,091.
Facts
Respondent Fridah Gaicugi sued appellants Phineas Kirimi and Josyline Kanyua Mugendi for negligence resulting in a road traffic accident causing injuries. The parties agreed on liability, with appellants bearing 90% and respondent 10%. The trial court awarded Kshs.460,101 in damages.
Issues
- The award of Kshs.500,000/- was manifestly excessive.
- The trial magistrate did not consider the appellants' submissions.
Reasoning
The court found the award of Kshs.500,000/- excessive and the trial magistrate's failure to consider the appellants' submissions.
Outcome
Appeal allowed
Orders
- Set aside the award of Kshs.460,101
- Award the respondent Kshs.252,091
Remedies
- Respondent pays half costs in this appeal for the interest of justice
Authorities cited
Cases cited (1)
- SELLE- VS- ASSOCIATED MOTOR BOAT CO. LTD 1968 E.A. 123
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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