Lamu Bus Services & another v Caren Adhiambo Okello [2018] KEHC 7380 (KLR)
- Court
- High Court of Kenya
- Case number
- 7380
- Citation
- [2018] KEHC 7380 (KLR)
- Decided
- 4 April 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the original judgement and decree in Civil Suit No. 86/2011CoramJ. M. Bwonwonga
Holding
The court sets aside the award of Ksh.215,970 for general damages and awards Ksh.130,000 in its place.
Facts
The respondent filed a suit against the appellants alleging that they caused her injuries. The appellants contested the quantum of damages awarded by the trial court.
Issues
- The trial court's consideration of the quantum of damages
- The trial court's finding of general damages for injuries not sustained by the respondent
Reasoning
The court found that the trial court's award of general damages was inordinately high and not supported by the evidence.
Outcome
Appeal successful, general damages reduced to Ksh.130,000
Orders
- Judgement for the respondent in the sum of Ksh.130,000 for general damages
- Appellants to bear half of the costs of the appeal
Remedies
- Reduction of general damages awarded by the trial court
Authorities cited
Cases cited (3)
- Sokoro Saw Mills Limited v. Grace Nduta Ndungu [2006] eKLR
- Peter Kahungu & Another v. Sarah Norah Ongaro [2004] eKLR
- Selle & Another v. Associated Motor Boat Co. Ltd & Another[1968] EA 123
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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