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Keter Kimtai & another v Christopher Kamau Kiruku [2018] KEHC 2891 (KLR)

[2018] KEHC 2891 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2891
Citation
[2018] KEHC 2891 (KLR)
Decided
11 October 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a final judgment on quantumCoramC. W. GITHUA
Holding

The award of general damages is reduced from KShs.3,000,000 to KShs.2,000,000 and the award of damages for loss of earnings is set aside.

Facts

The respondent sued the appellants for injuries sustained in a road traffic accident on July 2, 2013, claiming general and special damages.

Issues

  1. Excessive award of general damages
  2. Speculative assessment of future earnings

Reasoning

The trial court erred in awarding excessive general damages and in assessing future earnings based on irrelevant evidence.

Outcome

Appeal allowed in part

Orders

  • Award of general damages reduced to KShs.2,000,000
  • Award of damages for loss of earnings set aside

Remedies

  • Interest at court rates from today until full payment
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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