Matunda (Fruits) Bus Services Ltd v Agnes Chemngeno Tuiya [2021] KEHC 2106 (KLR)
- Court
- High Court of Kenya
- Case number
- 2106
- Citation
- [2021] KEHC 2106 (KLR)
- Decided
- 18 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment awarding general and special damagesCoramH K CHEMITEI
Holding
The appeal is allowed, and the award of Kshs. 390,000 for general damages is set aside in favor of Kshs. 250,000.
Facts
The respondent, Agnes Chemngeno Tuiya, was a fare-paying passenger in a bus owned by the appellant, Matunda (Fruits) Bus Services Ltd, when she was involved in a road traffic accident on 22 March 2014. She sustained injuries including deep cuts, loose teeth, and injuries to her neck.
Issues
- Quantum of damages
- Relevance of medical reports
Reasoning
The court found the trial court's award of Kshs. 390,000 for general damages to be excessive, considering the nature and extent of the injuries, and awarded Kshs. 250,000 instead.
Outcome
Appeal allowed
Orders
- Award of Kshs. 250,000 for general damages
- Special damages of Kshs. 13,600 remain unchanged
- Respondent to have half costs of the appeal
- Interest on the total damages from the date of the lower court's judgment till payment in full
Authorities cited
Cases cited (1)
- KEMFRO AFRICA LIMITED & ANOTHER V. LUBIA & ANOTHER (1985) 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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