Samwel Migiki v MMO (Minor Suing through his father and friend COO) [2020] KEHC 7982 (KLR)
- Court
- High Court of Kenya
- Case number
- 7982
- Citation
- [2020] KEHC 7982 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree entered in Kisii CMCC No. 424 of 2016CoramA. K. NDUNG’U
Holding
The appeal is allowed and the Court sets aside the assessment of damages by the Lower Court and in its place substitutes an assessment of quantum for general damages for Kshs. 150,000/= less 30% contribution.
Facts
The respondent sued the appellant for both general and special damages after a road traffic accident in which the respondent sustained personal injuries. The appellant denied the accident and pleaded that if it occurred, it was due to the respondent's negligence.
Issues
- liability
- quantum of damages
Reasoning
The injuries sustained by the respondent were soft tissue injuries, and an award of Kshs 150,000/= would be adequate to compensate for the injuries.
Outcome
The appeal is allowed.
Orders
- The Court sets aside the assessment of damages by the Lower Court and in its place substitutes an assessment of quantum for general damages for Kshs. 150,000/= less 30% contribution.
Remedies
- The appellant shall have the costs of this appeal.
Authorities cited
Cases cited (3)
- Catherine Wanjiru Kingori & 3 Others v Gibson Theuri Gichubi [2005] eKLR
- Daniel Nyandika Kimori vs V A P (minor suing through mother next of friend)MAO [2016] eKLR
- Stanley Maore v Geoffrey Mwenda NYR CA Civil Appeal No. 147 of 2002 [2004]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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