Jared v TJ (A Minor Suing Through Mother and Next Friend ENM) (Civil Appeal 506 of 2018) [2023] KEHC 23229 (KLR) (Civ) (5 October 2023) (Judgment)
- Court
- High Court of Kenya
- Case number
- 23229
- Citation
- [2023] KEHC 23229 (KLR)
- Decided
- 5 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling and order of the Chief Magistrates CourtCoramJN MULWA, Majanja
Holding
The court held that the trial magistrate’s award on general damages of Kshs. 800,000/- was excessive and erroneous.
Facts
On 14/11/2016, the Respondent was walking within Chokaa Estate when the Appellant and/or his authorized driver negligently drove a motor vehicle registration number KAR 253U, causing it to lose control, veer off the road and hit the Respondent, resulting in serious bodily injuries.
Issues
- whether the trial magistrate’s award on general damages of Kshs. 800,000/- was excessive in the circumstances
- whether the trial magistrate erred in fact and in law in awarding the Respondent general damages that are so excessive as to amount to an erroneous estimate
Reasoning
The court found that the award was excessive and that the trial magistrate erred in assessing the damages.
Outcome
The appeal was upheld, and the trial court’s award on general damages was set aside.
Orders
- The trial court’s award on general damages was set aside
- The case was remanded for a new assessment of general damages
Remedies
- A new assessment of general damages
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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