Kyule v Prince Bus Services (Civil Case E134 of 2023) [2025] KEMC 4 (KLR) (28 January 2025) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 4
- Citation
- [2025] KEMC 4 (KLR)
- Decided
- 28 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureDefendant defaulted, undefendedCoramALOYCE-PETER-NDEGE, Morara
Holding
Judgment for the plaintiff for a total of Kshs. 114,160/= being the special damages pleaded and hence prayed for, with interest and costs.
Facts
The plaintiff, Aaron Kasyoki Kyule, was a lawful passenger in a Prince Bus Services vehicle when it crashed on Nakuru – Eldoret Road Kaptembwa on December 4, 2021. The plaintiff sustained serious body injuries.
Issues
- General damages
- Special damages
Reasoning
The court held that the plaintiff's claim for general damages was not supported by the pleadings and evidence, and awarded only the special damages pleaded.
Outcome
Judgment in favor of the plaintiff for Kshs. 114,160/= in special damages, Kshs. 114,160/= in general damages, and costs.
Orders
- Judgment for the plaintiff for Kshs. 114,160/= in special damages
- Judgment for the plaintiff for Kshs. 114,160/= in general damages
- Costs awarded to the plaintiff
Remedies
- General damages of Kshs. 114,160/=
- Special damages of Kshs. 114,160/=
Authorities cited
Cases cited (2)
- Daniel Otieno Migore Vrs South Nyanza Sugar Co. Ltd [2018] eKLR
- Robert Ngande Kathathu Vrs Francis Kivuva Kitonde [2020] 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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