Julius M. Kimaiyo & another v Fidelis Silingi Musila [2019] KEHC 7157 (KLR)
- Court
- High Court of Kenya
- Case number
- 7157
- Citation
- [2019] KEHC 7157 (KLR)
- Decided
- 30 May 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureFirst AppealCoramD.K. KEMEI
Holding
The Appellant’s appeal is partly successful. The judgement of the trial court is set aside and substituted with a judgement for the Respondent against the Appellants jointly and severally in the sum of Kshs 1,608,513.60.
Facts
The Appellants were found 100% liable for an accident on 25.12.2010 in which the Respondent sustained injuries. The Respondent pleaded res ipsa loquitor.
Issues
- Whether the trial magistrate reached the correct decision in finding the Appellants 100% liable for the accident.
- Whether the trial court applied the correct principles in arriving at the quantum of damages.
Reasoning
The court found the award of Kshs 900,000/- for general damages and Kshs 1,110,642/- for special damages to be reasonable.
Outcome
The Appellant is awarded a third of the costs of the appeal while the Respondent shall have full costs in the lower court.
Orders
- The judgement of the trial court is set aside and substituted with a judgement for the Respondent against the Appellants jointly and severally in the sum of Kshs 1,608,513.60.
Remedies
- The Respondent is awarded Kshs 1,608,513.60 in damages.
Authorities cited
Cases cited (2)
- Mary Nzomo &Others(Suing through Father and Next Friend Wilson Nzomo)-VS-The Headmistress, Machakos Girls, The Chairman ,B.O.G & Wambua Makau Machakos HCC N.O.55 of 2001
- Julius Kiprotich v Eliud Mwangi Kihohia (2006) 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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