Gakuya v Ndung’u & another (Civil Case E051 of 2025) [2025] SCC 28 (KLR) (8 December 2025) (Judgment)
- Court
- SCC
- Case number
- 28
- Citation
- [2025] SCC 28 (KLR)
- Decided
- 8 December 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureClaim allowed with costs awardedCoramF.M. MULAMA
Holding
The respondent is liable for the accident, and the claimant is awarded Kshs.210,195/= in general damages and Kshs.3,550/= in special damages. The claimant is awarded costs and interests from the date of judgment until payment in full.
Facts
On 12/2/2025, the claimant sustained a 10 cm deep cut wound to the left knee when the respondent's vehicle rammed into his vehicle while driving on Nairobi-Mombasa highway.
Issues
- Whether the respondent is liable for the accident.
- What is the quantum of damages awardable if any.
- Who bears costs of the claim.
Reasoning
The court considered the nature and extent of the injuries, the pain and suffering endured, and the impact on the claimant's life. The court awarded Kshs.230,000/= in general damages and Kshs.3,550/= in special damages.
Outcome
Claim allowed with costs awarded
Orders
- Liability 90:10
- General damages Kshs.230,000/=
- Special damages Kshs. 3,550/=
- Net total Kshs.210,195/=
- Awarded costs and interests from the date of judgment until payment in full
- The file is closed
Remedies
- Awarded Kshs.210,195/= in general and special damages
- Awarded costs and interests from the date of judgment until payment in full
Authorities cited
Cases cited (5)
- Odinga Jacktone Ouma vs Moureen Achieng Odera [2016] eKLR
- Livingstone Rawyards Coal Co. [1880] 5 App Cas 25
- Cornilliac v St Louis [1965] 7 W.L.R 491
- Victoria Mwikali Musyoka v Lucy Mueni Mwandikwa [2021] KEHC 9438 (KLR)
- Gusii Deluxe Limited & 2 Others v Janet Atieno [2012] 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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