Kara Roadways Limited v Peter Kivuva Nyamai [2018] KEHC 8714 (KLR)
- Court
- High Court of Kenya
- Case number
- 8714
- Citation
- [2018] KEHC 8714 (KLR)
- Decided
- 18 January 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment awarding damagesCoramD. K. KEMEI
Holding
The Appellant's appeal is dismissed with costs to the Respondent as the trial court's award of Kshs.175,000/= for pain and suffering was within the acceptable limits and range.
Facts
The Respondent, Peter Kivuva Nyamai, was involved in an accident while traveling from Nairobi to Machakos. He sustained injuries to his chest, left shoulder, right shoulder, and right leg. The Appellant, Kara Roadways Limited, was found liable for 10% of the damages.
Issues
- The Appellant's claim that the award of Kshs.175,000/= for pain and suffering was inordinately high and erroneous.
- The Appellant's submission that the trial court did not consider the extent and severity of the injuries as well as the Appellant's written submissions.
Reasoning
The court found that the trial court considered the nature of the injuries, the authorities cited, and the effect of inflation, and that the award was within the range of Kshs.50,000/= to Kshs.200,000/=. There was no misdirection by the learned trial magistrate.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- MUNZA INVESTMENT CO. LIMITED =VS= BENJAMIN NTHAA – MACHAKOS HCCA NO. 128 OF 2009
- NAKURU INDUSTRIES =VS= BENARD LIDORO - NAKU HCCA 35 OF 2002
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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