Facts
The respondent entrusted his mini-bus to the appellant with the ultimate intention of selling it. While in possession of the respondent the engine of the bus was blown off. In a suit filed by the respondent in the High Court the appellant was found at fault and the respondent was awarded shs. 500,000/= as repair costs, shs. 500,000/= for non-use of the bus and shs. 1,000,000/= to off-set the devaluation of the shilling. On appeal the awards by the High Court were attacked.
Held: (i) It is trite law that special damages must be specifically pleaded and proved although pleaded cost of repair was not proved since the engine was blown off and because it is a notorious fact that prices are rising in astronomic proportions and that the amount pleaded cannot even buy a reconditioned engine we allow the amount pleaded.
(ii) we hold it as a fact needing no proof that the value of our shilling has been going down very fas; however, the rate of 200% is very high and that a 50% rate is reasonable in the circumstances.
Case Information
Appeal dismissed.
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