[2018] KEHC 242 (KLR)
The court found that the facts and legal issues in this appeal were identical to those in ELD HCCA No. 118 of 2010. The trial court's award of general damages for false imprisonment and exemplary damages was upheld, as the evidence supported the finding of unlawful detention. However, the award for general damages...
Source-derived case information.
- Citation
- [2018] KEHC 242 (KLR)
- Parties
- Appellant: Kenya Fluorspar Co. Limited; Respondent: Elijah Kanyingi Ndegwa; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 119 of 2010
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal partially allowed; award for defamation set aside; damages for false imprisonment and exemplary damages upheld; each party to bear its own costs.
- Judges
- HK Chemitei
- Legal Topics
- False Imprisonment, Exemplary Damages, Defamation, Joint and Several Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Fluorspar Co. Limited
Appellant
Elijah Kanyingi Ndegwa
Respondent
The Attorney General
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court erred in awarding general and exemplary damages for false imprisonment to the 1st respondent.
- 2 Whether the award for general damages for defamation was justified and supported by evidence.
- 3 Whether the appellant and the 2nd respondent are jointly and severally liable for the damages awarded.
Ratio Decidendi
The court found that the facts and legal issues in this appeal were identical to those in ELD HCCA No. 118 of 2010. The trial court's award of general damages for false imprisonment and exemplary damages was upheld, as the evidence supported the finding of unlawful detention. However, the award for general damages for defamation was set aside due to lack of proof. The appellant and the 2nd respondent were held jointly and severally liable for the damages awarded. The court adopted the reasoning and findings in the related appeal, finding no basis for departure, and ordered that each party bear its own costs as the appeal had only partially succeeded.
Court Disposition
Appeal partially allowed; award for defamation set aside; damages for false imprisonment and exemplary damages upheld; each party to bear its own costs.
Orders
- Award of general damages for false imprisonment (Kshs 40,000) and exemplary damages (Kshs 10,000) upheld.
- Award of general damages for defamation (Kshs 200,000) set aside.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CIVIL APPEAL NO. 119 OF 2010
(Arising from Judgment and Decree in Eldoret Chief Magistrate's Court in Civil suit No. 448 of 2008 delivered by I. Maisiba Resident Magistrate on 9/7/2010)
KENYA FLOURSPAR CO. LIMITED...............APPELLANT
VERSUS
ELIJAH KANYINGI NDEGWA................1ST RESPONDENT
THE ATTORNEY GENERAL...................2ND RESPONDENT
J U D G M E N T
1. The appeal is against the decision of the trial court in CMCC No. 448 of 2008. The 1st Respondent was an employee of the appellant who was arrested and detained on suspicion of being involved in a theft of the appellant's tool box. The trial court proceeded and awarded damages to the said 1st Respondent.
2. Simultaneously with the said suit was a related case No. 447 of 2008 between the appellant and one William Mutua Maseve. They were both involved in the allegation and the trial court awarded them similar damages.
3. The appellant filed Appeal No. 118 of 2010 and my sister Justice Ngenye made the following findings after analysing the evidence on record.
a) “ I uphold the award of general damages for falseimprisonment and exemplary damages in the sum ofKshs 40,000/= and Kshs 10,000/= respectively.
b) I set aside the award on general damages fordefamation of character of Kshs 200,000/= as the samewas not proved.
c) The damages Under (a) above are payable by theappellant and the 2nd Respondent jointly and severally.
d) Since the appeal has partially succeeded each partyshall bear its own costs.”
4. This appeal is in all fours with the above decision. Infact they ought to have been consolidated. I have read the lengthy judgment of my sister and I do not see any reason of departure.
5. In the premises I do adopt the decision cited above as per the judgment in ELD HCCA No. 118 of 2010 mutatis Mutandis.
Its so ordered.
Delivered, signed and dated at Eldoret in open court on this 19th day of October, 2018.
_________________
H.K. CHEMITEI
JUDGE
19/10/18