Michael Wafula Malenya v Matunda (Fruits) Bus Services Limited [2022] KEHC 720 (KLR)
- Court
- High Court of Kenya
- Case number
- 720
- Citation
- [2022] KEHC 720 (KLR)
- Decided
- 30 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Honourable J.B. Kalo (CM) at NakuruCoramRACHEL NGETICH
Holding
The court affirmed the trial court's finding of 100% liability and assessed damages as Kshs 3,737,770.
Facts
The appellant, Michael Wafula Malenya, filed a suit against the respondent, Matunda (Fruits) Bus Services Limited, seeking damages for injuries sustained in an accident on 20th July 2009.
Issues
- assessment of general damages
- admissibility of special damages
Reasoning
The court reviewed the evidence and cited cases to determine that an award of Kshs 3,000,000 for pain and suffering was appropriate, and Kshs 437,770 for special damages.
Outcome
Affirmed the trial court's decision.
Orders
- 100% liability to the respondent
- damages assessed as Kshs 3,737,770
- costs of the appeal to the appellant
Authorities cited
Cases cited (7)
- Selle & Another Vs Associated Motor Boat Co.Ltd & Others (1968 ) E.A 123
- Charles Oriwo Odeyo vs. Appollo Justus Andabwa & Another [2017] eKLR
- Sammy Kipkorir kosgei Vs B.O L (2017) eKLR
- Gilbert Kiriago Otwori vs Richard Metet (2016) eKLR
- Simona Taveta Vs Mercy Mutitu Njeru (2014) eKLR
- Daniel Kosgei Ngelechei Vs Catholic Trustee Registered Diocese of Eldoret & Another [2013] eKLR
- John Kipkemboi & another v Morris Kedolo [2019] 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.
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