[2018] KEHC 7888 (KLR)
The appellate court found no error in the trial magistrate's assessment of damages. The trial court properly considered the nature and extent of the respondent's injuries, relied on a precedent accepted by both parties, and adjusted for inflation. There was no evidence that the trial court applied a wrong principle...
Source-derived case information.
- Citation
- [2018] KEHC 7888 (KLR)
- Parties
- Appellant: Abyssinia Iron and Steel Limited; Respondent: Isaack Okoth Ochieng
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 42 of 2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- DAS Majanja
- Legal Topics
- Assessment of Damages, Personal Injury, Road Traffic Accidents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Abyssinia Iron and Steel Limited
Appellant
Isaack Okoth Ochieng
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court erred in awarding Kshs 380,000 as general damages for personal injuries sustained in a road traffic accident.
- 2 Whether the appellate court should interfere with the quantum of damages awarded by the trial court.
Ratio Decidendi
The appellate court found no error in the trial magistrate's assessment of damages. The trial court properly considered the nature and extent of the respondent's injuries, relied on a precedent accepted by both parties, and adjusted for inflation. There was no evidence that the trial court applied a wrong principle of law or made an inordinately high or low award. Therefore, the appellate court affirmed the trial court's judgment and declined to interfere with the quantum of damages awarded.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
- Costs assessed at Kshs 40,000 all inclusive.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KISUMU
CIVIL APPEAL NO. 42 OF 2017
BETWEEN
ABBYSSINIA IRON AND STEEL LIMITED..............APPELLANT
AND
ISAACK OKOTH OCHIENG.....................................RESPONDENT
(Being an appeal from the Judgment and Decree of Hon. J . Mitey, RM dated 21st April 2017 at the Senior Resident Magistrates Court at Winam in Civil Case No. 221 of 2015)
JUDGMENT
1. This is an appeal against the award of Kshs 380,000/= as general damages for injuries sustained following a road traffic accident which took place on 17th August 2014 while the respondent was travelling in the appellant’s motor vehicle registration number KBN 667F along Kibos Sugar Factory road within Kisumu County.
2. The nature and extent of the respondent’s injuries are not in dispute. According to the report of Dr Manasseh O. Onyimbi dated 19th August 2014, the respondent sustained a blunt head injury, dislocation of the left shoulder, chest injury with damage and the right rib cage, fracture at the left elbow part with a deep penetrating wound at the same region, dislocation of the lumbar-sacral spine at the back and injury of the left foot, with cut wounds and dislocated metatarsal bones of the pedis. Dr Onyimbi classified the injury as grevious harm.
3. In their submissions before the trial court, both parties relied on my decision in Gogni Construction Company Limited v Francis Ojuok Olewe HB HCCA No. 1 of 2014 [2015]eKLR where I awarded Kshs. 350,000/= as general damages where the respondent in that case fell and sustained a fracture of the left distal radius and ulna and dislocation of the left elbow and was hospitalised for 6 weeks. Based on this decision, the respondent suggested an award of Kshs. 400,000/= while the appellant proposed Kshs. 350,000/=.
4. In awarding damages, the court takes into account the nature and extent of injuries in relation to awards to similar cases to ensure consistency of awards. In this case the trial magistrate was guided by the case cited by both parties and took into account the rate of inflation and arrived at the figure of Kshs 380,000/=.
5. For an appellant court to interfere with an award of damages, it must be shown that the trial court, in awarding damages, took into consideration an irrelevant fact or the sum awarded is inordinately low or too high that it must be a wholly erroneous estimate of the damage, or it should be established that a wrong principle of law was applied (see Butt v Khan[1981] KLR 349).Taking into account these principles, I cannot detect any error on the part of the trial magistrate that would warrant interference. The trial magistrate relied on the decision that was accepted by both parties and cited to her.
6. I affirm the judgment. The appeal is dismissed with costs to the respondent which I now assess at Kshs 40,000/= all inclusive.
DATED and DELIVERED at KISUMU this 20th day of MARCH 2018.
D.S. MAJANJA
JUDGE
Mr Oduor instructed by L. G. Menezes and Company Advocates for the appellant.
Mr Okoth instructed by Geoffrey Okoth & Company Advocates for the respondent.