Barchia Leonard Mbaabu & another v Angeline Ngesa Rambim [2019] KEHC 3380 (KLR)
- Court
- High Court of Kenya
- Case number
- 3380
- Citation
- [2019] KEHC 3380 (KLR)
- Decided
- 25 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree in a civil caseCoramT. W. CHERERE
Holding
The appeal is partially successful, reducing the special damages award from Kshs. 2,034,583 to Kshs. 28,480
Facts
Respondent Angeline Ngesa Rambim sued Appellants Barchia Leonard Mbaabu and Mark One Express Limited for damages due to personal injuries sustained in an accident involving the Respondent's vehicle.
Issues
- Excessive award of damages by the lower court
- Appellants' argument for a lower award based on similar cases
Reasoning
The court found the award to be within reasonable bounds and not excessive, considering the evidence and similar case precedents.
Outcome
Appeal partially successful
Orders
- Special damages reduced from Kshs. 2,034,583 to Kshs. 28,480
- Appellant to pay costs of the trial in the lower court
- Each party to bear its own costs of the appeal
Authorities cited
Cases cited (12)
- Denshire Muteti Wambua v Kenya Power & Lighting Co. Ltd
- Kanga v Manyoka
- Lukenya Ranching and Farming Coop. Society Ltd v Kavoloto
- Paul Kipsang & Another vs. Titus Osule Osore
- Ntulele Estate Transporters Ltd & Anor v Patrick Omutanyi
- Florence Hare Mkaha V Pwani Tawakal Mini Coach & Another
- H.K.N v Kenafric Bakery Ltd & Another
- Selle & Another v Associated Motor Boat Co. Ltd & Another
- Kemfro Africa Limited t/a Meru Express Services & Another vs A.M. Lubia and Another
- H. Young Construction Company Ltd v Richard Kyule Ndolo
- Jackson Wanyoike v Kenya Bus Services Ltd & another
- Spin Knit Limited vs. Johnstone Otara
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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