[2000] KEHC 575 (KLR)
The court found that the plaintiff, as a mere passenger, could not be held liable for the accident, and the defendants were to bear the majority of the blame as per the consent order. The court accepted the medical evidence of permanent disability at 25% and, after considering comparable cases and inflation, awarded...
Source-derived case information.
- Citation
- [2000] KEHC 575 (KLR)
- Parties
- Plaintiff: Charles Wahome Muikia; Defendant: James Kamau Mwangi & 2 Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 628 of 1996
- Procedural Posture
- Civil Suit / Judgement
- Outcome
- judgement for the plaintiff
- Judges
- JK Mulwa
- Legal Topics
- Road Traffic Accidents, Personal Injury, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Wahome Muikia
Plaintiff
James Kamau Mwangi & 2 Others
Defendant
Procedural Posture
Civil Suit / Judgement
Legal Issues
- 1 Whether the defendants were liable for the accident and injuries suffered by the plaintiff.
- 2 What is the appropriate quantum of damages payable to the plaintiff.
Ratio Decidendi
The court found that the plaintiff, as a mere passenger, could not be held liable for the accident, and the defendants were to bear the majority of the blame as per the consent order. The court accepted the medical evidence of permanent disability at 25% and, after considering comparable cases and inflation, awarded Kshs. 950,000 for general damages and Kshs. 113,264 for special damages. The total award was Kshs. 1,063,264, with costs and interest to the plaintiff.
Court Disposition
judgement for the plaintiff
Orders
- Judgement entered for the plaintiff for Kshs. 950,000 general damages.
- Judgement entered for the plaintiff for Kshs. 113,264 special damages.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIV SUIT 628 OF 1996
CHARLES WAHOME MUIKIA………………………………………..PLAINTIFF
-VERSUS
JAMES KAMAU MWANGI & 2 OTHERS…………………………..DEFENDANT
JUDGEMENT
The Plaintiff was a passenger in the vehicle registration No. KAC 410B, a Matatu. According to the plaintiff, the driver was competing with another Matatu and attempted to overtake in the wrong side and ran into another stationary Matatu causing the accident. According to the plaintiff, the driver of this Matatu was wholly to blame.
The parties entered into a Consent Order in which the Defendants’ were to bear 90% of the blame and the Plaintiff 10%. I fail to see however how the Plaintiff is to blame for the 10% when he was a mere passenger. Be as it may, the only matter to be decided is the damages payable. QUANTUM
The Medical Report by Prof. Sande confirms the Plaintiff’s evidence on the injuries. The report gives details of the injuries.
The Plaintiff testified that as a result of the injuries, he had to discontinue his job with Kenya Reinsurance. The Doctor assessed his permanent disability as 25%. In support of his claim for damages the Plaintiff cited a number of cases. I have considered these cases by comparing the injuries with those of the Plaintiff. I have also taken into account the inflationary trend since these cases were decided and in all the circumstances of this case, I consider the sum of Shs.950,000 as a fair compensation for the pain and suffering and loss of amenities.
There will therefore be judgement for the Plaintiff as follows:
(1) General damages Kshs. 950,000
(2) Special damages Kshs. 113,264
Total Kshs.1,063,264
The Plaintiff shall have the cost for the suit and interest. Dated and delivered this 2nd day of October, 2000.
KASANGA MULWA
JUDGE