Midsteel Engineering Works Limited v Ali Hashi Awale t/a A.H.A Awale Company [2019] KEHC 1915 (KLR)
- Court
- High Court of Kenya
- Case number
- 1915
- Citation
- [2019] KEHC 1915 (KLR)
- Decided
- 21 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree in a civil suitCoramL. Njuguna
Holding
The appeal is successful only in respect to the award on special damages, which is set aside and dismissed.
Facts
The respondent filed a plaint seeking special damages against the appellant for the destruction of a fuel tanker due to negligence. The appellant denied the allegations and claimed damages for its own property.
Issues
- Appellant's liability
- Award on special damages
Reasoning
The court found that the respondent did not specifically prove the special damages pleaded, as required by law.
Outcome
The award of Kshs.600,000/ plus interest is set aside and dismissed.
Orders
- Special damages dismissed
- Order for each party to bear their own costs
Authorities cited
Cases cited (1)
- Douglas Odhiambo Apel & another v Telkom Kenya Limited [2014] eKLR
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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