[2010] KEHC 3130 (KLR)

[2010] KEHC 3130 (KLR)

The court found the defendants 90% liable for the plaintiff's injuries, as liability had been conceded. On quantum, the court rejected the plaintiff's exaggerated claims for general and special damages, finding no sufficient evidence that the plaintiff would have become a lawyer or earned the claimed amounts. The court held that damages for loss of future earnings must be based on minimum wage in the absence of proof of a specific career path or income. Special damages were limited to what was specifically pleaded and strictly proved, with deductions for items not supported by evidence or proper documentation. The court awarded KES 2,500,000 for pain and suffering, KES 1,000,000 for loss...

Citation
[2010] KEHC 3130 (KLR)
Parties
Plaintiff: A.A. M; Defendant: Justus Gisairo Ndarera; Defendant: Michael Ochichi Koroso
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
5 February 2010
Case Number
Civil Case 1015 of 2003
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiff against the defendants jointly and severally for KES 4,545,450 plus costs and interest, less 10% contributory negligence.
Judges
JM Khamoni
Legal Topics
Personal Injury, Negligence, Assessment of Damages, Vicarious Liability, Special Damages, Loss of Future Earnings
Source Language
English
Tort Law Civil Procedure Personal Injury Negligence Assessment of Damages Vicarious Liability Special Damages Loss of Future Earnings

Case Brief

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Parties

A.A. M

Plaintiff

Justus Gisairo Ndarera

Defendant

Michael Ochichi Koroso

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the defendants were liable in negligence for the injuries suffered by the plaintiff as a result of the road traffic accident on 16th May 2001.
  2. 2 Whether the plaintiff is entitled to general damages for pain, suffering, and loss of future earnings, and if so, the quantum thereof.
  3. 3 Whether the plaintiff is entitled to special damages and if so, the quantum and proof required.

Ratio Decidendi

The court found the defendants 90% liable for the plaintiff's injuries, as liability had been conceded. On quantum, the court rejected the plaintiff's exaggerated claims for general and special damages, finding no sufficient evidence that the plaintiff would have become a lawyer or earned the claimed amounts. The court held that damages for loss of future earnings must be based on minimum wage in the absence of proof of a specific career path or income. Special damages were limited to what was specifically pleaded and strictly proved, with deductions for items not supported by evidence or proper documentation. The court awarded KES 2,500,000 for pain and suffering, KES 1,000,000 for loss...

Court Disposition

Judgment for the plaintiff against the defendants jointly and severally for KES 4,545,450 plus costs and interest, less 10% contributory negligence.

Orders

  • Defendants to pay the plaintiff KES 4,545,450 as damages (after 10% deduction for contributory negligence).
  • Defendants to pay costs of the suit and interest on the decretal sum at court rates from the date of judgment until payment in full.