St Bakhita Day Care & Kindergaten School & another v SBO (Minor suing through his mother as next friend NO) (Civil Appeal 732 of 2017) [2023] KEHC 712 (KLR) (Civ) (9 February 2023) (Judgment)
- Court
- High Court of Kenya
- Case number
- 712
- Citation
- [2023] KEHC 712 (KLR)
- Decided
- 9 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Chief Magistrates CourtCoramJN MULWA, Majanja
Holding
The appeal is upheld, and the judgment and decree of the Chief Magistrates Court are set aside.
Facts
A road traffic accident occurred on October 11, 2013, involving a minor who was playing in the estate court yard and the 1st Appellants' motor vehicle registration number KBQ 130H.
Issues
- The award of damages by the trial court was excessive.
- The trial court failed to consider the medical evidence and comparable awards.
Reasoning
The court found the award of damages to be excessive and that the trial court did not consider the medical evidence and comparable awards.
Outcome
Appeal upheld
Orders
- Judgment and decree of the Chief Magistrates Court are set aside.
Remedies
- The appellants are ordered to pay the respondent Kshs. 1,700,000/- for general damages and Kshs. 172,668/- for special damages, less 10% contribution.
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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