Mtange v Ondari & 3 others (Civil Suit E7616 of 2020) [2023] KEMC 212 (KLR) (19 June 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 212
- Citation
- [2023] KEMC 212 (KLR)
- Decided
- 19 June 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendants served with suit papers, judgment in default entered against them, suit undefendedCoramADUKE JEAL PRAXADES ATIENO
Holding
General damages awarded at KES 150,000/-, special damages awarded at KES 3,550/-, costs of the suit awarded, interest on general and special damages awarded at court rates
Facts
Plaintiff sustained injuries in a road traffic accident on 31/01/2020. The plaintiff blames the defendants and their agents for causing the accident.
Issues
- Quantum
- Liability
Reasoning
The court awarded general damages for soft tissue injuries considering the rate of inflation and cost of living. Special damages were awarded based on the plaintiff's claim and evidence.
Outcome
Plaintiff awarded KES 153,550/- in total, costs and interest awarded at court rates
Orders
- General damages awarded at KES 150,000/-
- Special damages awarded at KES 3,550/-
- Costs of the suit awarded
- Interest on general and special damages awarded at court rates
Remedies
- Plaintiff awarded KES 153,550/- in total
- Costs and interest awarded at court rates
Authorities cited
Cases cited (1)
- Eldoret HCC 107 of 2018 Samwel Martin Njoroge Kamunyu v Mildred Barasa
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.
Loading judgment…