Kitale Industries Ltd & another v Zakayo Nyende & another [2018] KEHC 209 (KLR)
- Court
- High Court of Kenya
- Case number
- 209
- Citation
- [2018] KEHC 209 (KLR)
- Decided
- 3 July 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a judgment awarding damagesCoramGikonyo, Joel, Ngugi, KLR Mulwa, Macharia, Meoli, Nyamweya, Nyemweya, Ringera, Sitati, Vs
Holding
The appeal is dismissed. The trial magistrate's award is upheld.
Facts
The 12-year-old daughter of the 2nd respondent was killed in a road traffic accident involving a vehicle owned by the appellants. The lower court awarded damages totaling Kshs. 665,560.
Issues
- Whether the trial magistrate applied the wrong principles of law in assessing the damages payable to the estate of the deceased
- Whether the trial magistrate erred in awarding damages that were inordinately high
Reasoning
The appellate court found that the trial magistrate did not err in applying the principles of law and did not award damages that were inordinately high.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Fatal Accidents Act
- Law Reform Act
Cases cited (5)
- Bashir Ahmed Butt vs Uwais Ahmed Khan
- Kenya Power & Lighting Company Limited vs E.K.O & Another
- Mwanzia vs Ngalali Mutua
- Albert Odawa vs Gichimu Gichenji
- Kenya Breweries Limited vs Saro
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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