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Alexender Forbes & another v Stephen Barasa Wasike [2020] KEHC 8559 (KLR)

[2020] KEHC 8559 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8559
Citation
[2020] KEHC 8559 (KLR)
Decided
6 February 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of a MagistrateCoramS.N. RIECHI
Holding

The appeal is dismissed with costs. The award of Kshs.300,000/= for general damages is upheld.

Facts

The plaintiff, Alexander Forbes, sued the appellants, Alexander Forbes and Tsusho Capital (K) Ltd, for general and special damages for injuries sustained in a road traffic accident involving a motor vehicle registered GKB 292E.

Issues

  1. Whether quantum damages were properly awarded in the circumstance of this case by the trial court?
  2. Whether the learned trial magistrate erred in fact and in law in adopting the wrong principles in assessment of the damages payable.

Reasoning

The court found no error in the trial court's assessment of damages and upheld the award.

Outcome

Appeal dismissed

Authorities cited

Cases cited (3)
  • Selle v Associated Motor Boat Company Ltd
  • Arrow Car Ltd v Bimomo & 3 others
  • Simon Taveta v Mercy Mutitu Njeru
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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