Rentco East Africa Ltd & 2 others v Hussein Igu Kiyai [2020] KEHC 3280 (KLR)
- Court
- High Court of Kenya
- Case number
- 3280
- Citation
- [2020] KEHC 3280 (KLR)
- Decided
- 10 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment in a personal injury caseCoramR. LAGAT KORIR
Holding
The court reduces the general damages award to Kshs. 1,000,000 and the loss of earning capacity award to Kshs. 500,000, while the special damages award remains unchanged.
Facts
The respondent was hit by a motor vehicle driven by the appellants, resulting in a lawsuit for general damages. The trial court awarded Kshs. 2,000,000 in general damages and Kshs. 18,900 in special damages.
Issues
- whether the trial court erred in awarding Kshs. 2,000,000 in general damages
- whether the trial court erred in awarding Kshs. 18,900 in special damages
- whether the trial court erred in failing to consider the appellants' submissions and judicial authorities on quantum
- whether the trial court erred in failing to consider conventional awards for general damages in cases of similar injuries
Reasoning
The court found that the second medical report showed the respondent had fully recovered and no permanent disability, thus the general damages award was erroneous.
Outcome
Partial success for the appellants, with the award reduced but special damages upheld.
Orders
- Each party to bear their own costs in the appeal
- Respondent to have costs in the lower court and interest on the award from date of judgment till payment in full
Remedies
- General damages reduced to Kshs. 1,000,000
- Loss of earning capacity reduced to Kshs. 500,000
- Special damages remain at Kshs. 18,900
Authorities cited
Cases cited (3)
- Boniface Waiti & Anor vs Micheal Kariuki Kamau (2007) eKLR
- P.N Mashru Limited vs Omar Mwakoro Makenge 2018 eKLR
- Kamuda 2018 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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