Susan Kipturu v Susan Chepkatam Limarus [2019] KEHC 5399 (KLR)
- Court
- High Court of Kenya
- Case number
- 5399
- Citation
- [2019] KEHC 5399 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePersonal Injury CasePostureAppeal from a Judgment and Decree of the Principal Magistrate's CourtCoramEdward M. Muriithi
Holding
The defendant is found liable for assault and ordered to pay general damages of Kshs.250,000 and special damages of Kshs.55,375.
Facts
The plaintiff, Susan Chepkatam Limarus, sued the defendant, Susan Kipturu, for general damages and costs of suit after being assaulted by the defendant on May 1, 2011. The defendant was arrested and fined for the assault, and the plaintiff was injured with permanent disability assessed at 15%.
Issues
- Duty of the defendant to refrain from assaulting the plaintiff
- Quantification of general damages
Reasoning
The court found the defendant liable based on the criminal case admission and the plaintiff's testimony.
Outcome
Appeal dismissed, judgment affirmed
Orders
- Judgment for the plaintiff in the sum of Ksh. 20,000/= together with interest at the Court rate of 14% per annum from the date of the Judgment in the trial court and a further award of special damages in the sum of Ksh.55,375 with interest at the court rate of 14% from the date of filing suit.
- The respondent shall have the costs of the suit in the trial court.
- No order as to costs in the appeal as the appellant only partly succeeded.
Remedies
- General damages of Kshs.250,000 and special damages of Kshs.55,375
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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