[2002] KECA 236 (KLR)
The Court of Appeal held that the trial judge's award of damages was not inordinately high and did not constitute an erroneous estimate. The appellate court found no error in principle or otherwise in the trial judge's assessment. Consequently, there was no justification for the appellate court to interfere with the...
Source-derived case information.
- Citation
- [2002] KECA 236 (KLR)
- Parties
- Appellant: NEBCO LIMITED; Respondent: PETER KAMAU KARIBA
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 312 of 2000
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- EO O'Kubasu
- Legal Topics
- Assessment of Damages, Appellate Review of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NEBCO LIMITED
Appellant
PETER KAMAU KARIBA
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial judge's assessment of damages was inordinately high or erroneous.
- 2 Whether the appellate court should interfere with the trial court's award of damages.
Ratio Decidendi
The Court of Appeal held that the trial judge's award of damages was not inordinately high and did not constitute an erroneous estimate. The appellate court found no error in principle or otherwise in the trial judge's assessment. Consequently, there was no justification for the appellate court to interfere with the award, and the appeal was dismissed with costs to the respondent.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
31 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: TUNOI, LAKHA & O'KUBASU, JJ.A.)
CIVIL APPEAL NO. 312 OF 2000
BETWEEN
NEBCO LIMITED ......................................................APPELLANT
AND
PETER KAMAU KARIBA .....................................RESPONDENT
(Appeal from the Judgment and Decree of the High Court of
Kenya at Nakuru (Hon. Lady Justice Ondeyo) delivered on
18th July, 2000
in
H.C.C.C. NO. 145 OF 1998)
******************
JUDGMENT OF THE COURT
The appeal relates solely to damages.
The principles on which this Court will interfere with a trial judge's assessment of damages are now well settled: See Robert Msioki Kitavi v. Coastal Bottlers Ltd. 1985 1 KAR 891
We are satisfied that the learned trial judge's award is not inordinately high that it must be an erroneous estimate of damages payable to the plaintiff.
We are not persuaded that the learned trial judge erred in principle of otherwise. Accordingly, the appeal fails and it is dismisssed with costs.
Dated and delivered at Nairobi this 10th day of July, 2002.
P.K. TUNOI
....................
JUDGE OF APPEAL
A.A. LAKHA
....................
JUDGE OF APPEAL
E. O. O'KUBASU
....................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR