Musira v Makokha (Civil Appeal E004 of 2023) [2025] KEHC 693 (KLR) (29 January 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 693
- Citation
- [2025] KEHC 693 (KLR)
- Decided
- 29 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Principal Magistrate's CourtCoramJN KAMAU
Holding
The appeal is partly successful, and the judgment of the trial court is set aside. General damages are increased to Kshs 300,000 and special damages to Kshs 10,550.
Facts
The Appellant, Thomas Anzeze Musira, sustained injuries in an accident and sued the Respondent, Kenneth Bismarck Makokha, for damages. The Respondent was found wholly liable and awarded Kshs 150,550 in damages.
Issues
- Whether the quantum of damages awarded was inordinately low
- Whether special damages of Kshs 50,000 were not awarded
Reasoning
The court found the award of Kshs 140,000 for general damages too low, considering the injuries sustained. It reviewed similar cases and concluded that Kshs 300,000 for general damages was more reasonable.
Outcome
The appeal is partly successful, and the judgment of the trial court is set aside.
Orders
- Judgment entered in favor of the Appellant for Kshs 314,550
- Costs are to be borne by each party
Remedies
- General damages of Kshs 300,000 and special damages of Kshs 10,550
Authorities cited
Cases cited (7)
- Selle & Another vs Associated Motor Boat Co Ltd & Others [1968] EA 123
- David Omutelema Opondo vs Dela Rue Currency and Security Print Limited [2017] eKLR
- Ufrah Motors Bazaar & Another vs Kibe (Civil Appeal 39 of 2021) [2023] KEHC 1285 (KLR)
- Charles Kimunya & Another vs Rose Mueni Maina [2019] eKLR
- Dickson Ndungu vs Theresia Otieno & 4 Others [2014] eKLR
- Fred Barasa Matayo vs Channan Agricultural Contractors [2013] eKLR
- Boru & Another vs Musyimi (Civil Appeal 67 of 2019) [2022] KEHC 3255 (KLR)
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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