Barnabas v Ombati (Civil Appeal E43 of 2021) [2022] KEHC 12136 (KLR) (28 July 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 12136
- Citation
- [2022] KEHC 12136 (KLR)
- Decided
- 28 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of Hon. Nathan Shiundu Lutta (CM) dated and delivered on the 30th day of March 2021 in the original KISII CMCC 727 OF 2019CoramR.E. OUGO
Holding
The appeal is dismissed, and the respondent shall have the costs of the appeal.
Facts
The respondent sustained injuries in a road traffic accident on May 9, 2019, and the appellant was found liable for 70% of the damages.
Issues
- The award of general damages was manifestly and inordinately excessive.
- The trial magistrate failed to properly evaluate the evidence and reached an erroneous decision.
Reasoning
The court found the award of general damages not excessive and that the trial magistrate did not proceed on wrong principles or misapprehend the evidence.
Outcome
Appeal dismissed
Orders
- The respondent shall have the costs of the appeal.
Authorities cited
Cases cited (5)
- Kemfro Africa Ltd t/a Meru Express & another v A M Lubia & another (No 2) [1987] KLR 30
- Stanley Maore v Geoffrey Mwenda NYR CA Civil Appeal No. 147 of 2002 [2004] eKLR
- Peter Gakere Ndiangui v Sarah Wangari Maina [2021] eKLR
- Joseph Njeru Luke & 3 others v Stellah Muki Kioko [2020] eKLR
- Daneva Heavy Trucks & another v Chrispine Otieno [2022] 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.
Loading judgment…