Simon Karoki Njoroge v John Paul Kamanu & another [2020] KEHC 4334 (KLR)
- Court
- High Court of Kenya
- Case number
- 4334
- Citation
- [2020] KEHC 4334 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment awarding damages and costsCoramMumbua Matheka
Holding
The appeal is partly successful; the award on general damages remains as made by the trial court, and the award on costs is set aside and costs are awarded to the appellant.
Facts
The appellant was involved in a road traffic accident on September 6, 2017, resulting in injuries for which he claimed general damages. The parties agreed on liability at 90%:10% in favor of the appellant.
Issues
- whether the trial court erred in awarding general damages
- whether the trial court erred in declining to award costs
Reasoning
The court found that the trial court erred in awarding costs, as the appellant did not admit to not serving demand or notice to sue, and no evidence was presented to support this claim.
Outcome
The appeal is partly successful; the award on general damages remains as made by the trial court, and the award on costs is set aside.
Orders
- The award on general damages remains as made by the trial court.
- The award on costs by the trial court is set aside and costs are awarded to the appellant.
- The appellant will have half the costs of the appeal.
Remedies
- Costs awarded to the appellant
Authorities cited
Cases cited (10)
- Paul Kipsang Koech & Another vs. Titus Osule Osore [2013] eKLR
- James Gathirwa Ngui vs Multiple Hauliers [E.A.] Limited & Another NBI HCC 658 of 2009
- Mushambi Onde Gona vs Associated Vehicle Assemblers Limited and Another Mombasa HCC No. 919 of 1991 (UR)
- Margaret Ochieng vs David N. Njihia & Another Kisumu HCCC No. 57 of 1993
- Francis Ochieng & Gabriel Ongele Ogolla vs Alice Kajimba Migori Civil Appeal No. 23 of 2015
- James Kariuki Muraya vs Daniel Muturi Mwangi NBI HCA OF 2002
- Meru HCCA 75 of 2015
- Paul Karimi Githinji vs Joseph Mutai Kireria
- Cecilia Karuru Ngayu v Barclays Bank of Kenya & Another [2016] eKLR
- Party of Independent Candidate of Kenya vs Mutula Kilonzo & 2 Others [2016] 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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