Barnabas Biwott v Thomas Kipkorir Bundotich [2018] KEHC 4841 (KLR)
- Court
- High Court of Kenya
- Case number
- 4841
- Citation
- [2018] KEHC 4841 (KLR)
- Decided
- 27 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Chief MagistrateCoramOLGA SEWE
Holding
The award of Kshs. 1,000,000 for General Damages is reasonable and not excessive.
Facts
The Appellant was sued for injuries sustained in a road traffic accident. The Respondent claimed negligence and provided particulars of injuries. The parties agreed on liability and a Consent Order was recorded.
Issues
- The award of damages by the lower court was excessive.
- The lower court failed to consider the Respondent's medical reports and comparable injuries.
Reasoning
The court considered similar cases and found the Respondent's injuries to be less severe than those in the cited cases.
Outcome
Appeal dismissed with costs
Authorities cited
Cases cited (8)
- Bashir Ahmed Butt vs. Uwais Ahmed Khan
- Simon Tareta vs. Mercy Mutitu Njeru
- Jackson Maringu Kimani vs. Richard Githenya Gichuru
- George Kinyanjui t/a Climax Coaches & Another vs. Hassan Musa Agoi
- Zachary Kariithi vs. Jashon Otieno Ochola
- Wilson Okoko Makucha vs. Teita Estate Ltd
- Catholic Dioceses of Meru (Registered Trustees) vs. Munaine Mutinda
- Simon Githaiga Wachira vs. Timothy Ndirangu Mwangi
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.
Loading judgment…