Kangethe & another v Nyairo (Civil Appeal 269 of 2019) [2022] KEHC 593 (KLR) (Civ) (13 June 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 593
- Citation
- [2022] KEHC 593 (KLR)
- Decided
- 13 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the High CourtCoramCW MEOLI, Sewe, Visram
Holding
The appeal is dismissed with costs to the Respondent.
Facts
David Kangethe and Simon Njangiru Kuria were sued by Dennis Nyangincha Nyairo for damages in a road traffic accident. The suit was for general damages, future medical expenses, and special damages.
Issues
- Quantum of damages
- Adjourning the hearing
Reasoning
The appeal is dismissed because the Appellants did not obtain leave to appeal and the grounds in the amended memorandum of appeal are not made out. The Appellants' request to set aside the judgment and re-open the case for a de novo hearing is also dismissed.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs
- Amended grounds of appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (4)
- Edith Wairimu Njoroge v Brooks Holdings Co. Ltd
- Kakuta Maimai Hamisi v Peris Pesi Tobiko
- Peter Nyaga Muvake v Joseph Mutunga
- Associated Electrical Industries Ltd v William Okoth
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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