Mercy Njeri Kibandi v John Njoroge Kamande & another [2018] KEHC 8578 (KLR)
- Court
- High Court of Kenya
- Case number
- 8578
- Citation
- [2018] KEHC 8578 (KLR)
- Decided
- 8 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment dismissing the suitCoramJoel Ngugi
Holding
The appeal is allowed, and the judgment is set aside. The Court assesses quantum for general damages at Kshs. 100,000/-. The Appellant is found to be 50% at fault.
Facts
The Appellant sued the Respondents for compensation for injuries sustained in a road traffic accident. The Respondents denied liability.
Issues
- Whether the Appellant was properly identified
- Whether the Learned Trial Magistrate erred in awarding general damages
Reasoning
The injuries sustained were soft tissue injuries to the right foot, bruises to the right shin lateral aspect, and bruises to the right elbow. The Court finds the award of Kshs. 100,000/ to be neither manifestly excessive nor too low.
Outcome
Appeal allowed
Orders
- Judgment at the rate of 50% contributory negligence
- Assessment of quantum for general damages at Kshs. 100,000/-
Remedies
- Compensation for injuries at Kshs. 100,000/-
Authorities cited
Cases cited (3)
- Butt v Khan (1977) KAR 1
- Catherine Wanjiru Kingori & 3 Others v Gibson Theuri Gichubi (2005) Civil Suit No, 320 of 1998
- Shem Shituyi v Rexon Shiyonga (2014) Civil Appeal No. 108 of 2012
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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