Njuga Consolidated Co. Ltd & another v Lineth Chemutai Moritim [2019] KEHC 7299 (KLR)
- Court
- High Court of Kenya
- Case number
- 7299
- Citation
- [2019] KEHC 7299 (KLR)
- Decided
- 15 May 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypecivilPostureappeal from a judgment awarding damagesCoramQuid, Waki
Holding
The Court of Appeal reduced the general damages award from KShs. 5,000,000 to KShs. 500,000
Facts
The Respondent, Lineth Chemutai Moritim, sued the Appellants, Njuga Consolidated Co. Ltd and David Macharia Wangu, for compensation for injuries sustained in an accident on September 14, 2012.
Issues
- quantum of damages awarded
- liability determination
Reasoning
The Court of Appeal found the original award to be inordinately high and reduced it based on the principles of general damages awards and the specific injuries sustained by the Respondent.
Outcome
Appeal successful
Orders
- reduced general damages award from KShs. 5,000,000 to KShs. 500,000
Authorities cited
Cases cited (6)
- Kemfro Africa Limited v Gathogo Kanini
- Butt v Khan
- Lukenya Ranching and Farming Co-operative Society Limited v Kavoloto
- Catholic Diocese of Kisumu v Sophia Achieng Tete
- Akamba Public Road Services v Abdikadir Adan Galgalo
- Makau v Athi River Mining Ltd
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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