Katodi & 2 others v Kormot (Civil Appeal E003 of 2025) [2026] KEHC 5385 (KLR) (22 April 2026) (Judgment)
The award of Kshs.1,000,000/= as general damages for the respondent's injuries was reasonable, neither too high nor too low, and based on comparable awards; the appellants' financial status is not a relevant consideration; there was no misdirection or misapprehension of evidence by the trial court.
Source-derived case information.
- Citation
- [2026] KEHC 5385 (KLR)
- Parties
- Appellant: Samson Ngole Katodi; Appellant: Edwin Pkemoi; Appellant: Joel Kibet; Respondent: Alfred Y. Kormot
- Court
- High Court
- Jurisdiction
- Kenya
- Judgment Date
- 22 April 2026
- Case Number
- Civil Appeal E003 of 2025
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Assessment of Damages, General Damages, Appeals Procedure, Standard of Proof
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Ngole Katodi
Appellant
Edwin Pkemoi
Appellant
Joel Kibet
Appellant
Alfred Y. Kormot
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court misdirected itself in the assessment of general damages
- 2 Whether the award of Kshs.1,000,000/= was excessive and against the weight of evidence
- 3 Whether the respondent proved damages to the required standard
Ratio Decidendi
The award of Kshs.1,000,000/= as general damages for the respondent's injuries was reasonable, neither too high nor too low, and based on comparable awards; the appellants' financial status is not a relevant consideration; there was no misdirection or misapprehension of evidence by the trial court.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs to the respondent.
Full Case Text
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