Obed Elphas Njiru v Barisa Abdalla Salim [2020] KEHC 2853 (KLR)
- Court
- High Court of Kenya
- Case number
- 2853
- Citation
- [2020] KEHC 2853 (KLR)
- Decided
- 1 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment awarding damagesCoramR. NYAKUNDI
Holding
The court reduces the award to Kshs. 550,000 and equally apportions the costs of the appeal.
Facts
The appellant (Njiru) filed a civil suit against the respondent (Salim) in the Senior Principal Magistrate court at Kilifi. The respondent was awarded Kshs. 900,000 for pain and suffering and liability at 100%. The appellant appealed the award on the grounds that the amount was inordinately high and disproportionate to the injuries sustained.
Issues
- Liability
- Quantum
Reasoning
The court adheres to the principle that an appellate court should not substitute its own figure for that awarded by the trial court, unless a wrong principle of law was applied or the overall amount is a wholly erroneous estimate of the damage.
Outcome
Appeal upheld, award reduced
Orders
- Judgment for Kshs. 550,000 and costs equally apportioned
Authorities cited
Cases cited (1)
- Paul v E. A. Cargo Handling Ltd (1974) EA 75
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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