Rose Hellen Oruko v Joseph Kioi Kariuki & 3 others [2019] KEHC 571 (KLR)
- Court
- High Court of Kenya
- Case number
- 571
- Citation
- [2019] KEHC 571 (KLR)
- Decided
- 26 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal arising from the judgment of Honourable Brenda Bartoo (RM) in Eldoret CMCC No. 267 of 2003CoramHonourable Brenda Bartoo (RM)
Holding
The court held that the trial court erred in failing to award special damages and in dismissing the suit against the 2nd and 3rd respondents.
Facts
The appellant, Rose Hellen Oruko, was a passenger in the 1st defendant's vehicle on June 21, 2002, when she suffered injuries. The trial court entered judgment against the 1st defendant and dismissed the suit against the 2nd and 3rd defendants with costs.
Issues
- Whether the general damages awarded were inordinately low
- Whether the trial court erred in failing to award special damages
- Whether the trial court erred in dismissing the suit against the 2nd and 3rd respondents
- Whether the judgment does conform with the legal requirements of a judgment
Reasoning
The court cited cases to support the principle that an appellate court must be satisfied that the amount of damages is so inordinately low or high that it must be a wholly erroneous estimate of the damage.
Outcome
The appeal was allowed, and the judgment was set aside.
Orders
- The judgment was set aside.
- Special damages were awarded to the appellant.
Remedies
- Special damages were awarded to the appellant.
Authorities cited
Cases cited (3)
- Mbogo and Another v Shah [1968] EA 93
- Kemfo Africa limited t/a Meru Express Services (1976) & Another V Lubia & Another, (1987) KLR 30
- TAYAB -V- KINAU [1983] KLR,114 at 115
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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