Paul Kithinji Kirimi & another v Gatwiri Murithi [2018] KEHC 6558 (KLR)
- Court
- High Court of Kenya
- Case number
- 6558
- Citation
- [2018] KEHC 6558 (KLR)
- Decided
- 6 June 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Chief Magistrates CourtCoramD.S. MAJANJA
Holding
The award of Kshs. 700,000/- as general damages is set aside and substituted with an award of Kshs. 450,000/-.
Facts
The respondent sustained injuries in a road traffic accident and sued the appellants for damages. The issue of liability was agreed in the ratio 85:15 in favor of the appellants.
Issues
- The award of general damages for pain and suffering was excessive.
- The award of special damages was not proved.
Reasoning
The court considered the nature and extent of the respondent's injuries and the relevant cases cited by both parties. The court found that Kshs. 450,000/- would be a fair compensation.
Outcome
The appeal is allowed to the extent that the award of Kshs. 700,000/- is set aside and substituted with an award of Kshs. 450,000/-.
Orders
- The sum shall accrue interest from the date of judgment in the subordinate court.
- The respondent shall pay costs of this appeal assessed at Kshs. 30,000/-.
Authorities cited
Cases cited (7)
- Jesca Kaari Mutwiri Mwangi v Fara Said Hassan and Another MERU HCCC No. 170 of 2001 [2009] eKLR
- Mary Mwihaki Mutie v Joseph Katunge Muswii NRB 3214 of 1993 (UR)
- Mugambi and Another v Gitiru [2005]1 EA 289
- tha Agok v Kampala Coach BGM HCCA No. 75 of 2014 [2017]eKLR
- Agok v Kampala Coach BGM HCCA No. 75 of 2014 [2017]eKLR
- Ugenya Bus Service v Gachoki NKU CA Civil Appeal No. 66 of 1981 [1982] eKLR
- Jabane v Olenja [1986] KLR 661
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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