Oracle Engineering Limited & another v Muliro (Civil Appeal E006 of 2024) [2025] KEHC 5409 (KLR) (2 May 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 5409
- Citation
- [2025] KEHC 5409 (KLR)
- Decided
- 2 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and orders of the High Court at SiayaCoramD. K. KEMEI, KLR Kariuki, Kimaru, Odunga
Holding
The appeal is partially successful, and the trial court's judgment is set aside with new liability and damages awarded
Facts
On October 21, 2023, the Respondent was riding a motorcycle when he was hit by a vehicle driven by the 1st Appellant, causing injuries
Issues
- Duty of care
- Quantification of damages
Reasoning
The court found the 1st Appellant liable for 100% of the damages, awarding general damages of Kshs650,000 and special damages of Kshs26,989
Outcome
The appeal is partially successful
Orders
- Set aside the trial court's judgment
- Award 100% liability to the 1st Appellant
- Award general damages of Kshs650,000
- Award special damages of Kshs26,989
- Award half costs of the appeal to the 1st Appellant
- Award full costs to the Respondent in the lower court
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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