Reuben Wekesa Kituyi & another v Asmin Teresa Osundwa [2021] KEHC 7504 (KLR)
- Court
- High Court of Kenya
- Case number
- 7504
- Citation
- [2021] KEHC 7504 (KLR)
- Decided
- 20 April 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypecivilPostureappeal from a judgment and decree of Chief MagistrateCoramA., Asike Makhadia, Gicheru, Law, O., Owuor, Ringera, Tunoi
Holding
The Court upheld the trial magistrate's award of Kshs. 8,872 as special damages but reduced the award of general damages to Kshs. 500,000.
Facts
The respondent sued the appellants for general and special damages for injuries sustained on 8 September 2011 when she was knocked down by a Toyota Noah Station Wagon in Eldoret Town.
Issues
- whether the learned trial magistrate erred in awarding Kshs. 1,000,000 as general damages
- whether the learned trial magistrate erred in awarding Kshs. 8,872 as special damages
Reasoning
The Court found that the injuries sustained by the respondent were not so serious as to warrant a general damages award of Kshs. 1,000,000.
Outcome
Appeal dismissed
Orders
- general damages reduced to Kshs. 500,000
- special damages upheld at Kshs. 8,872
Authorities cited
Cases cited (5)
- Tayab vs. Kinanu
- West (H) and Son Ltd vs. Shepherd
- Kemfro Africa Limited T/A Meru Express Services & Others vs. Olive Lubia
- Gabriel Maina Mungai vs. Jane Wanjiku Mwaura
- Richard Andanje Abwalaba vs. Farm Industries Ltd
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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