Nebco Limited v Peter Kamau Kariba [2002] KECA 236 (KLR)

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)

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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