Ndugu Transport Company Limited & another v Daniel Mwangi Waithaka Leteipa [2018] KEHC 5672 (KLR)
- Court
- High Court of Kenya
- Case number
- 5672
- Citation
- [2018] KEHC 5672 (KLR)
- Decided
- 3 July 2018
The court held that the trial court erred in awarding Kshs.200,000 to the respondent for loss of use, as such claims must be supported by specific proof of earnings.
Facts
The respondent Daniel Waithaka Leteipa claimed Kshs.200,000 for loss of use of his motor vehicle, which was a public service vehicle (PSV). He had a PSV license and had worked for 2 years, earning Kshs.6,500 per day. The vehicle was assessed to have a pre-accident value of Ksh.1,295,000 and a salvage value of around Kshs.75,000, making it a write-off. The respondent did not provide receipts for his daily earnings.
Issues
- Whether the trial court erred in awarding Kshs.200,000 to the respondent for loss of use
Reasoning
The court considered various cases and held that the amount of earnings from a business is a special damage that must be specifically proved. Without such proof, it cannot be awarded. The court found that the respondent did not provide sufficient evidence to support his claim for loss of use.
Outcome
Affirmed
Authorities cited
Cases cited (4)
- Premier Diary Limited vs Amarjit Singh Sagoo & Another [2013] eKLR
- M O R vs Franciscan Sisters of the Immaculate [2017] eKLR
- Summer Limited Meru vs Moses Kithinji Nkanata [2006] eKLR
- Ryce Motors Ltd and Anor – vs – Muroki (1995-1998) 2 EA 363
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