Benard Muli Kinyili v DHL Worldwide Express & another [2018] KEHC 1774 (KLR)
- Court
- High Court of Kenya
- Case number
- 1774
- Citation
- [2018] KEHC 1774 (KLR)
- Decided
- 23 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a judgment of the trial courtCoramKneller
Holding
The appeal is upheld and the judgment of the trial court is set aside. The liability is to be apportioned at 50:50%, the award of general damages is increased to Kshs. 500,000/ and costs are to be awarded to the appellant.
Facts
The plaintiff was walking along Mombasa road when he was hit by a motorcycle driven by the defendant. The plaintiff claimed special and general damages.
Issues
- Whether the assessment by the trial court of 50:50% liability was justified
- Whether the award of Kshs. 400,000/ was inordinately low
- What order as to costs
Reasoning
The court found the trial court's assessment of liability and the award of damages to be erroneous.
Outcome
Appeal successful
Orders
- Liability to be apportioned at 50:50%
- General damages increased to Kshs. 500,000/
Remedies
- Costs to be awarded to the appellant
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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