Andy Forwarders Services Limited v Julius Nduti Mwikya [2018] KEHC 9938 (KLR)
- Court
- High Court of Kenya
- Case number
- 9938
- Citation
- [2018] KEHC 9938 (KLR)
- Decided
- 29 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the trial magistrateCoramB. Thurana Jaden
Holding
The appeal is dismissed with costs, and the trial magistrate's judgment is upheld.
Facts
The Appellant, Andy Forwarders Services Ltd, was sued by the Respondent, Julius Nduti Mwikya, for damages arising from a road traffic accident. The Respondent claimed the accident was caused by the negligent driving of the Appellant's vehicle.
Issues
- Excessive award of general damages
- Lack of evidence for special damages
- Judgment against the weight of evidence
Reasoning
The court finds the trial magistrate's finding of 100% liability for the Appellant correct. The award of general damages is within the range of similar cases, and special damages are supported by evidence.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs
Authorities cited
Cases cited (5)
- Selle v Associated motor Boat Co. & others [1968] E.A. 123
- Yunis Malik v Eliud Muriithi & another [2005] eKLR
- George Kiboi Waithaiga v Kevin Oino Simba [2011] eKLR
- Fred Mohinga Kipkigiya v David Agreey Zimbiru [2011] eKLR
- Kemfro Africa Ltd t/a Meru Express Service Gathogo Kanini v A M. Lubia and olive Lubia 91985) 1 KAR 727
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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