Ndiema v Kiriago & another (Civil Suit 6573 of 2019) [2023] KEMC 213 (KLR) (17 July 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 213
- Citation
- [2023] KEMC 213 (KLR)
- Decided
- 17 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a judgment of the Commercial CourtCoramADUKE JEAL PRAXADES ATIENO, Senior Resident Magistrate
Holding
The court finds that the defendants are liable for 95% of the accident, and awards general damages of KES 250,000 and special damages of KES 11,666.
Facts
John Ndiema was injured in a road traffic accident on 28th April 2019. He sued Benjamin Okechi Kiriago and Philip Godfrey Makhanu, alleging negligence and seeking damages.
Issues
- Liability
- Quantum
Reasoning
The court confirmed the liability ratio and awarded damages based on the plaintiff's injuries and the principle of special damages.
Outcome
Judgment in favor of the plaintiff for general damages, special damages, costs, and interest.
Orders
- Award of general damages of KES 250,000
- Award of special damages of KES 11,666
- Award of costs of the suit
- Interest on general and special damages at court rates
Remedies
- General damages of KES 250,000
- Special damages of KES 11,666
- Costs of the suit
- Interest on general and special damages at court rates
Authorities cited
Cases cited (1)
- Kenya Wildlife Service v Godfrey Kirimi Mwiti [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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