Acacia Ventures Limited v Nellie Belindah Osok [2021] KEHC 4801 (KLR)
- Court
- High Court of Kenya
- Case number
- 4801
- Citation
- [2021] KEHC 4801 (KLR)
- Decided
- 27 July 2021
The Appellant's appeal was successful, and the judgment of the Chief Magistrate's Court was set aside. The Appellant was ordered to pay the Respondent Kshs 679,573.80, including Kshs 500,000 in general damages and Kshs 255,082 in special damages.
Facts
The Appellant (Acacia Ventures Limited) appealed against a judgment entered by the Chief Magistrate's Court, Hon R. Ndombi, Senior Resident Magistrate, which awarded the Respondent (Nellie Belindah Osok) 90% liability, Kshs 1,000,000 in general damages, and Kshs 255,082 in special damages.
Issues
- The quantum awarded for the injuries sustained by the Respondent
- Whether the award of Kshs 1,000,000 for general damages was excessive
Reasoning
The court found the award of Kshs 1,000,000 for general damages to be excessive and set it aside, awarding a reduced amount of Kshs 500,000 in general damages.
Outcome
The appeal was successful, and the judgment was set aside.
Orders
- The judgment of the Chief Magistrate's Court was set aside.
- The Appellant was ordered to pay the Respondent Kshs 679,573.80, including Kshs 500,000 in general damages and Kshs 255,082 in special damages.
Remedies
- The Appellant was ordered to pay the Respondent Kshs 679,573.80, including Kshs 500,000 in general damages and Kshs 255,082 in special damages.
Authorities cited
Cases cited (8)
- Selle & Another vs. Associated Motor Boat Co Ltd & Others [1968] EA 123
- Denshire Muteti Wambua vs Kenya Power & Lighting Co Ltd [2013] e KLR
- Millicent Atieno Ochuonyo vs Katola Richard [2015] e KLR
- Peters vs Sunday Post Limited [1958] EA 424
- Gitobu Imanyara & 2 Others vs Attorney General [2016] eKLR
- Washington Mukunya Karanja & Another vs Margaret Wambui Maina [2020] eKLR
- Simon Taveta vs Mercy Mutitu Njeru [2014] eKLR
- Kigaraari vs Aya (1982)
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