SA (Minor suing through mother and next friend MAO) v Gitu (Civil Suit 785B of 2019) [2023] KEMC 129 (KLR) (16 May 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 129
- Citation
- [2023] KEMC 129 (KLR)
- Decided
- 16 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPosturePlaintiff v DefendantCoramADUKE JEAL PRAXADES ATIENO, JP ADUKE
Holding
The defendant is found liable for 100% of the accident and awarded KES 550,000 in general damages and KES 3,050 in special damages.
Facts
The plaintiff, a minor, sustained injuries in a road traffic accident on January 1, 2019, and sued the defendant for damages.
Issues
- Liability
- Quantum
Reasoning
The court found the defendant liable due to the accident and awarded damages based on the plaintiff's injuries and the principle of general damages.
Outcome
In favour of the plaintiff
Orders
- Awarded KES 550,000 in general damages
- Awarded KES 3,050 in special damages
- Awarded costs of the suit
- Awarded interest on general and special damages at court rates
Remedies
- Plaintiff awarded KES 550,000 in general damages
- Plaintiff awarded KES 3,050 in special damages
- Plaintiff awarded costs of the suit
- Interest on general and special damages awarded at court rates
Authorities cited
Cases cited (3)
- Eldoret HCC 107 of 2018 Samwel Martin Njoroge Kamunyu vs Mildred Barasa and HB (minor suing through mother and next friend DKM) versus Jasper Nchonga and another [2021]
- Joseph Nguku & Another vs Gerald [2020]Eklr
- Telkom Orange Kenya Limited vs ISO (minor suing through mother and next friend JN)[2018] EKLR
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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