Cherusei v Wakinama Limited & another (Civil Suit 1244 of 2019) [2024] KEMC 153 (KLR) (3 September 2024) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 153
- Citation
- [2024] KEMC 153 (KLR)
- Decided
- 3 September 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a judgment awarding damages in a road accident caseCoramWambilyangah
Holding
The court awards general damages of Kshs. 200,000 and special damages of Kshs. 8,065, subject to a 15% contribution on liability. The plaintiff is also awarded costs of the suit.
Facts
Cherusei was a passenger in a vehicle registered as KCP 509T when it collided with another vehicle. Cherusei sustained injuries and incurred medical expenses.
Issues
- Amount of general damages
- Amount of special damages
- Whether the plaintiff is entitled to costs
Reasoning
The court assesses damages based on the nature of injuries, period of recuperation, and other guiding principles. The plaintiff's counsel's reliance on Swiss Contact Ltd & Peter Munguti Kieti v Esther Mumbi Muthee is considered.
Outcome
Judgment for the plaintiff in the amount of Kshs. 176,855.25, including general and special damages, and costs.
Orders
- Award of general damages of Kshs. 200,000
- Award of special damages of Kshs. 8,065
- Award of costs of the suit
Remedies
- General damages of Kshs. 200,000
- Special damages of Kshs. 8,065
- Costs of the suit
Authorities cited
Cases cited (3)
- HCCC NO. 752/1993 Mutinda Matheka Vs Gulam Yusuf
- Jenipher Milay O. Okuku Vrs Kenya Bus Services Ltd (kisumu Hc Misc. Civil APPL. 172/2001)
- Swiss Contact Ltd & Peter Munguti Kieti v Esther Mumbi Muthee
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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