Joseph Kipngeno Korir v Kenya Power & Lighting Company Limited [2020] KEHC 3747 (KLR)
- Court
- High Court of Kenya
- Case number
- 3747
- Citation
- [2020] KEHC 3747 (KLR)
- Decided
- 6 August 2020
The appeal has merit and the judgment for special damages of Kshs.150,000 stands. The matter is referred back to the trial court for assessment of general damages and for a determination on costs of the suit.
Facts
The Appellant filed a complaint against the Respondent for special damages of Kshs.150,000 for negligence resulting from the electrocution of the Appellant's cow by an electric post belonging to the Respondent. The parties entered into a consent judgment on liability and apportioned liability at 80:20 in favor of the Appellant against the Respondent. The case proceeded to formal proof.
Issues
- Whether the magistrate ought to have granted the Appellant general damages
Reasoning
The Court of Appeal found that the purpose of fixing the matter for formal proof was to ascertain the general damages payable to the Appellant. The trial court was duty-bound to assess general damages for the loss of the cow, which was a milk cow.
Outcome
Appeal allowed
Orders
- The matter is referred back to the trial court for assessment of General damages and for a determination on costs of the suit.
- The matter be heard by any other magistrate other than the one who dismissed the claim for general damages.
- The costs of the appeal to abide the cause
Authorities cited
Cases cited (2)
- Okeno vs. Republic (1972) EA 32
- Kiilu& Another vs. Republic (2005) 1 KLR 174
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