Michael Owuor Obonyo v Felix Onyango Owino [2021] KEHC 3682 (KLR)
- Court
- High Court of Kenya
- Case number
- 3682
- Citation
- [2021] KEHC 3682 (KLR)
- Decided
- 24 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of Hon Ondieki (SPM)CoramJ. KAMAU
Holding
The Appellant's appeal is upheld, and the judgment of the trial court is set aside. The Appellant is ordered to pay the Respondent Kshs 202,000/= in general damages and Kshs 2,000/= in special damages.
Facts
The Appellant, Michael Owuor Obonyo, filed a suit against the Respondent, Felix Onyango Owino, alleging that the Respondent caused injuries to him. The Respondent was found liable for the injuries, and a judgment was entered in his favor.
Issues
- Quantum of damages
- Applicability of principles of law in assessing damages
Reasoning
The court found that the trial court's award of Kshs 500,000/= as general damages was inordinately high and not supported by the evidence. The court awarded Kshs 200,000/= as general damages and Kshs 2,000/= as special damages.
Outcome
Appeal successful
Orders
- Judgment of Kshs 502,000/= set aside
- Judgment of Kshs 202,000/= entered against the Appellant
Remedies
- Remedies for the Respondent include Kshs 202,000/= in general and special damages
- Costs to be borne by the Appellant
Authorities cited
Cases cited (5)
- Selle & Another vs. Associated Motor Boat Co Ltd & Others [1968] EA 123
- Bashir Ahmed Butt vs Uwais Ahmed Khan (1982-88) 1 KLRD
- FM (Minor suing through mother and next friend MWM) vs JDK & Another [2020] eKLR
- BB (A minor suing through his next friend and father GON) vs Ragae Kamau Kanja [2019]e KLR
- Ilango vs Manyoka [1961] EA 705,709, 713
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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