[2020] KEHC 4861 (KLR)
The court found that there was an arithmetical error in the original judgment regarding the computation of future medical expenses, which were awarded as Kshs. 16,500,000 instead of the correct sum of Kshs. 17,500,000. This error was apparent on the face of the record. The court, therefore, exercised its power of...
Source-derived case information.
- Citation
- [2020] KEHC 4861 (KLR)
- Parties
- Plaintiff: AMK (Suing as the mother & next friend of JMK – Minor); Defendant: Kenya Power & Lighting Company Limited
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 28 of 2019
- Procedural Posture
- Civil Suit / Judgment on Review
- Outcome
- application for review allowed; judgment reviewed and corrected
- Judges
- A Mabeya
- Legal Topics
- Personal Injury, Damages Quantification, Judgment Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AMK (Suing as the mother & next friend of JMK – Minor)
Plaintiff
Kenya Power & Lighting Company Limited
Defendant
Procedural Posture
Civil Suit / Judgment on Review
Legal Issues
- 1 Whether there was an arithmetical error in the computation of future medical expenses in the original judgment.
- 2 Whether the judgment should be reviewed to correct the error and adjust the total damages awarded.
Ratio Decidendi
The court found that there was an arithmetical error in the original judgment regarding the computation of future medical expenses, which were awarded as Kshs. 16,500,000 instead of the correct sum of Kshs. 17,500,000. This error was apparent on the face of the record. The court, therefore, exercised its power of review under Order 45 Rule 1 of the Civil Procedure Rules and Section 99 of the Civil Procedure Act to correct the error. The judgment was reviewed to reflect the correct total award of Kshs. 23,056,160, inclusive of general damages, special damages, loss of earning capacity, and future medical expenses, together with costs and interest.
Court Disposition
application for review allowed; judgment reviewed and corrected
Orders
- The judgment delivered on 14/04/2020 is reviewed to correct the award for future medical expenses from Kshs. 16,500,000 to Kshs. 17,500,000.
- The total award to the plaintiff is now Kshs. 23,056,160, together with costs and interest.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 28 OF 2019
AMK (Suing as the mother & next friend of JMK – Minor) ......PLAINTIFF
VERSUS
KENYA POWER & LIGHTING COMPANY LIMITED.......DEFENDANT
JUDGMENT ON REVIEW
1. On 14/04/2020, this Court delivered its judgment in this case whereby it awarded the plaintiff a total of Kshs.22,056,160/- as damages together with costs and interest of the suit.
2. Vide her application dated 12/05/2020, the plaintiff applied for the review of the said judgment on the ground that, in computing the award for future medical expenses, the Court had erroneously indicated a total of Kshs. 16,500,000/- instead of Kshs. 17,500,000/-. Thus, the judgment was less by Kshs. 1,000,000/-.
3. I have looked at the judgment and confirmed that indeed an error is apparent on the record since there was an arithmetical error.
4. Accordingly, I allow the motion and review the judgment as follows: -
a) General damages …………… Kshs. 4,000,000/-
b) Special damages ……………. Kshs. 556,160/-
c) Loss of earning capacity …..... Kshs. 1,000,000/-
d) Future Medical Expenses ….... Kshs. 17, 500,000/-
Total Kshs. 23,056,160/-
e) Costs and interest.
DATEDand DELIVEREDat Meru this 18th day of June, 2020.
A.MABEYA
JUDGE