[1999] KECA 132 (KLR)
The Court of Appeal found no error in the trial judge's refusal to grant an adjournment, holding that such decisions are discretionary and there was no evidence of wrongful exercise of that discretion. On the issue of damages, the appellate court held that the appellant failed to demonstrate that the award was...
Source-derived case information.
- Citation
- [1999] KECA 132 (KLR)
- Parties
- Appellant: Kebirigo General Stores Ltd; Respondent: Maria Wambura Mwita
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 187 of 1998
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Personal Injury, Damages Assessment, Loss of Future Earnings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kebirigo General Stores Ltd
Appellant
Maria Wambura Mwita
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial judge erred in refusing to grant an adjournment to the appellant.
- 2 Whether the award of damages by the trial court was so inordinately high as to warrant interference by the appellate court.
Ratio Decidendi
The Court of Appeal found no error in the trial judge's refusal to grant an adjournment, holding that such decisions are discretionary and there was no evidence of wrongful exercise of that discretion. On the issue of damages, the appellate court held that the appellant failed to demonstrate that the award was inordinately high or based on wrong principles. The respondent had discharged the burden of proof on a balance of probabilities, and the damages awarded were supported by the evidence and applicable legal standards. Consequently, there was no justification for appellate interference, and the appeal was dismissed with costs.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL
AT KISUMU
(CORAM: GICHERU, TUNOI & LAKHA, JJ.A.)
CIVIL APPEAL NO. 187 OF 1998
BETWEEN
KEBIRIGO GENERAL STORES LTD .........................APPELLANT AND MARIA WAMBURA MWITA ....................................RESPONDENT
(Appeal from the Judgment of the High Court of Kenya at Kisii
(Hon. Mr. Justice Mbaluto) dated the 8th day of April,
1998
in
H.C.C.C. NO. 206 OF 1995)
****************** JUDGMENT OF THE COURT
This is an appeal by the unsuccessful defendant from the judgment of the superior court (Mbaluto, J.) given on 8 April, 1998 whereby he awarded the sum of Shs. 650,000/= as general damages, Shs. 640/= as special damages, Shs. 234,000/= as loss of future earnings and Shs. 90,000/= costs of future earnings making a total sum of Shs. 974,640/=with costs and interest.
The appeal raises only two points, the first in respect of the refusal by the learned judge to grant an adjournment. This is essentially a matter of discretion with which this Court will not interfere unless it is shown that the learned judge was plainly wrong or that the discretion has been wrongly exercised. We have not been persuaded that the learned judge erred in principle or otherwise. This ground fails.
The other ground urged was in relation to the question of damages. We have heard nothing in support of the appeal on this ground to satisfy us that the award of damages is so inordinately high as to warrant an interference by this Court. No comparable cases were cited on behalf of the appellant and those referred to by the learned judges are not shown to be inapplicable. All in all, we are satisfied that the respondent on balance of probabilities discharged the burden on her and no grounds have been advanced to justify any interference by this Court. The injuries suffered by the plainFtoirf f tahree rseearsioonuss .above stated this appeal has no merit. It is dismissed with costs.
Dated and delivered at Kisumu this 24th day of November, 1999.
J.E. GICHERU .................
JUDGE OF APPEAL
P.K. TUNOI .................
JUDGE OF APPEAL
A.A. LAKHA .................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR