[1998] KEHC 136 (KLR)
The court found that both defendants, through their agents, were negligent in the manner they operated their vehicles, resulting in the plaintiff's severe injuries. The evidence established that the vehicles were being driven at high speed and that one lost control, mounting the pavement and causing the accident....
Source-derived case information.
- Citation
- [1998] KEHC 136 (KLR)
- Parties
- Plaintiff: Agness Muhoni Mwangi; Defendant: Kennedy Wachira Karigu; Defendant: Mallat Adam
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2926 of 1996
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff against the two defendants jointly and severally.
- Legal Topics
- Negligence, Personal Injury, Damages Assessment, Joint and Several Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agness Muhoni Mwangi
Plaintiff
Kennedy Wachira Karigu
Defendant
Mallat Adam
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants were negligent and liable for the accident causing injury to the plaintiff.
- 2 Whether the plaintiff is entitled to damages for pain, suffering, loss of amenities, and special damages.
- 3 Whether the quantum of damages claimed by the plaintiff is supported by evidence.
Ratio Decidendi
The court found that both defendants, through their agents, were negligent in the manner they operated their vehicles, resulting in the plaintiff's severe injuries. The evidence established that the vehicles were being driven at high speed and that one lost control, mounting the pavement and causing the accident. The court held the defendants jointly and severally liable. The court awarded Ksh.900,000/- for pain, suffering, and loss of amenities, finding this amount reasonable given the extent of the plaintiff's injuries, including amputation and ongoing discomfort. The claim for loss of earnings was denied due to lack of documentary or corroborative evidence. Special damages for the...
Court Disposition
Judgment for the plaintiff against the two defendants jointly and severally.
Orders
- The plaintiff is awarded Ksh.900,000/- for pain, suffering, and loss of amenities.
- The plaintiff is awarded Ksh.126,017/- as special damages.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 2926 OF 1996
AGNESS MUHONI MWANGI ……………………………… PLAINTIFF
VERSUS
KENNEDY WACHIRA KARIGU MALLAT ADAM ………………… DEFENDANTS
JUDGMENT
This is an accident case. The plaintiff a businesswoman as on the material day of 26th December 1995 walking along a pavement along 1st Avenue Eastleigh. There was on the said street pavement a small vegetable market where she was attempting to select vegetable for herself. She heard a bang and on turning she saw a motor vehicle come to wards her. She was unable to escape and the said motor vehicle ran over her leg. The driver instead of reversing the vehicle ran away leaving her leg trapped underneath the vehicle. At the time of the accident the plaintiff was also pregnant.
She was rushed to hospital thereafter. Her leg was then amputed. She had delivered her baby early due to the accident. Although she was later fitted with an artificial leg her wound on the stem of her thigh leg had not healed causing her discomfort. She sued both the owners of the vehicles driver registration number KAA 546Y and KAC 803E.
She had informed the court how the vehicles were traveling at a high speed. When they had reached an intercession the lorry vehicle lost control and climbed on to the pavement where she was. The said vehicle did so as a result of the conduct of the other vehicle. I find that the plaintiff has proved that the two defendants agents were negligence. I therefore find them liable jointly and severally.
As to the quantum the advocate for the plaintiff recorded Ksh.900,000/-. He also recommended loss of earning to be Ksh.5000/- per month for 25 years.
Looking at the latter prayer the plaintiff has produced no documentary evidence to show that she earns Ksh.5,000/- or proof through corroboration evidence of this.
The defendants intended to call their witnesses but they were absent and not in court. They submitted that there was no negligence proved.
They nonetheless prayed for an award of Ksh.500,000/- and Ksh.350,000/- as to defendant No.1 whilst defendant No.2 said the contributory negligence be bone by the 1st defendant at 70%. He recorded an award of Ksh.500,000/-. I note from the Special Damages a prayer for an artificial leg had been made
I here enter judgment for the plaintiff against the two defendants jointly and severally for pain, suffering and loss of amenities at Ksh.900,000/-.
I also note that special damages has been agreed at Ksh.126,017/-.
The plaintiff shall have the cost of this suit.
Dated this 26th day of October, 1998 at Nairobi.
M.A. Ang’awa
Judge
26. 10. 98