Simba Platinum Limited v Nicholas Auma Wandera [2021] KEHC 1235 (KLR)
- Court
- High Court of Kenya
- Case number
- 1235
- Citation
- [2021] KEHC 1235 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of Hon R. K Ondieki (SPM)CoramJ. KAMAU, JUDGE
Holding
The Appellant’s appeal was not merited and the appeal was dismissed.
Facts
The Respondent sustained multiple fractures on the left arm leading to complete amputation of the left arm at the shoulder joint. The Appellant appealed the trial court's decision on quantum.
Issues
- Whether the general damages for pain and suffering awarded were excessive.
- Whether the loss of earning capacity was awarded incorrectly.
Reasoning
The court found that the trial court's decision on quantum was not erroneous and that the award of general damages and loss of earning capacity was appropriate.
Outcome
Appeal dismissed
Orders
- The Appellant’s appeal was dismissed.
- The Appellant will bear the Respondent’s costs of this Appeal.
Authorities cited
Cases cited (8)
- Selle & Another vs. Associated Motor Boat Co Ltd & Others [1968] EA 123
- Kemro Africa Limited t/a “Meru Express Services (1976)” & Another vs Lubia & Another (No 2) [1985] eKLR
- Cecilia Mwangi & Another vs Ruth Mwangi CA 251/1996
- Nancy Oseko vs Board of Governors Masai Girls High School [2011] eKLR
- Denshire Muteti Wambua vs Kenya Power & Lighting Co. Ltd [2013]eKLR
- Kenya Power & Lighting Company Limited vs Matthew Nambeta Wanjohi (suing thro’ his uncle and next friend Peter Wanjohi Keingati) [2019] eKLR
- Joseph Wang’ethe vs Ew [2019] eKLR
- Kanyungu Njogu vs Daniel Kimani Maingi [2000] 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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