Total Kenya Limited v Ndithya (Civil Case E050 of 2021) [2024] KEHC 9746 (KLR) (30 July 2024) (Judgment)
- Court
- High Court of Kenya
- Case number
- 9746
- Citation
- [2024] KEHC 9746 (KLR)
- Decided
- 30 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment of the Chief Magistrate's CourtCoramFR OLEL, J
Holding
The appeal is dismissed with costs, and the appellant is ordered to pay the respondent Kshs 4,497,458.04 for repairs of the suit motor vehicle plus Kshs 10,000 for assessors fee, and costs of the primary suit.
Facts
The respondent sued the appellant for negligently servicing a motor vehicle registration Number KCJ XXXZ Range Rover, using the wrong engine oil specification, which caused the vehicle to develop a mechanical fault and damage its engine.
Issues
- Negligence in engine oil specification
- Damages and costs for the vehicle and alternative transport
Reasoning
The court found that the appellant negligently serviced the vehicle, leading to the mechanical fault and engine damage.
Outcome
Appeal dismissed
Orders
- Appellant pays respondent Kshs 4,497,458.04 for repairs and assessors fee
- Appellant pays respondent Kshs 10,000 for assessors fee
- Appellant pays respondent costs of the primary suit
- Respondent pays Kshs 375,000 for costs of the appeal
Remedies
- Repair costs for the vehicle
- Assessors fee
- Primary suit costs
- Appeal costs
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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