[2005] KEHC 2458 (KLR)
The court held that compliance with the Stamp Duty Act is mandatory for the admissibility of receipts supporting special damages in civil cases. The plaintiff's advocate submitted the required receipts, which were duly assessed and found compliant. The court awarded the sum of Ksh.552,243.75 for past medical...
Source-derived case information.
- Citation
- [2005] KEHC 2458 (KLR)
- Parties
- Plaintiff: Darshan Shah; Defendant: Roopman (K) Limited; Defendant: Hemal Haria; Defendant: The Hon. Attorney General; Defendant: James Owino Odhiambo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 52 of 2001
- Procedural Posture
- Civil Case / Further Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Special Damages, Stamp Duty Compliance, Medical Expenses, Future Medical Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Darshan Shah
Plaintiff
Roopman (K) Limited
Defendant
Hemal Haria
Defendant
The Hon. Attorney General
Defendant
James Owino Odhiambo
Defendant
Procedural Posture
Civil Case / Further Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to special damages for medical expenses incurred and future medical costs.
- 2 Whether compliance with the Stamp Duty Act is a prerequisite for claiming special damages in civil cases.
- 3 Whether interest should be awarded on the special damages from the date of filing suit.
Ratio Decidendi
The court held that compliance with the Stamp Duty Act is mandatory for the admissibility of receipts supporting special damages in civil cases. The plaintiff's advocate submitted the required receipts, which were duly assessed and found compliant. The court awarded the sum of Ksh.552,243.75 for past medical expenses and Ksh.187,592.05 for future medical costs, totaling Ksh.739,835.80. Interest on special damages was awarded from the date of filing suit. The court emphasized that failure to comply with the Stamp Duty Act would have rendered the receipts inadmissible, but in this case, compliance was established.
Court Disposition
judgment for the plaintiff
Orders
- The plaintiff is awarded Ksh.552,243.75 as special damages for medical expenses incurred.
- The plaintiff is awarded Ksh.187,592.05 for future medical expenses.
Full Case Text
Judgment text and source record
27 paragraphs
1) Further Judgment 2) Compliance with the Stamp Duty Act 3) Held: Sum awarded: Ksh.552,243. 75/- Further medical operation costs Ksh.187,592/- 4) Advocates V. Goswami for the plaintiff; W.J. Kabaiko for 1st and 2nd defendant S.N. Atambo for 1st and 2nd party
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 52 OF 2001
DARSHAN SHAH ………………………………………………… PLAINTIFF VERSUS ROOPMAN (K) LIMITED ……………………………..…………..1ST DEFENDANT HEMAL HARIA ………………………………………...………….. 2ND DEFENDANT AND THE HON. ATTORNEY GENERAL ……………………..……… 1ST THIRD PARTY JAMES OWINO ODHIAMBO ………………………………… 2ND THIRD PARTY
FURTHER JUDGMENT
Under the Stamp duty Act section 19, in civil cases only, a party wishing to claim expenses paid to him under the Special damages claim and on proof of such claim must have complied with the Stamp Duty Act. The revenue stamp on such receipt should have been issued
Where this has not been complied with by the person issuing the said receipt, section 20 requires that such person do proceed to the collector of stamp duty to assess the penalty required to be paid for failing to comply.
The advocate for the plaintiff on behalf of the plaintiff has duly submitted the receipts for assessment. The receipts tendered are hereby awarded as follows:-
1) Nairobi hospital charges Ksh. 307,383. 50/-
2) Dr. E.N. Ayim Ksh. 60,000. 00/-
3) Metro Pharmacy Drugs Ksh. 9,340. 23/-
4) X-ray Nairobi Hospital Ksh. 1,200. 00/-
5) Dr. Stuart Consultant fee Ksh. 150,000. 00/-
6) Sero Pharm Drugs Ksh. 3,450. 00/-
7) Dr. Sheikh Orthopaedic surgeon Ksh. 8,000. 00/-
8) Physiotherapy Ksh. 690. 00/-
9) Hydrotherapy Ksh. 8,010. 00/-
10) Walking sticks Ksh. 3,320. 00/-
11) Telephone Bills Ksh. 850. 00/-
Ksh. 552,243. 75/-
I award Ksh.187,592. 05 for future medical expenses being actual surgery. Total Ksh,739,835. 80/-.
I award interest from the date of filing suit on the above claim of Special Damages.
The claim on general damages from date of 10. 2.05.
Dated this 19th day of May 2005 at Nairobi.
M.A. ANG’AWA
JUDGE
Sobhag h. Shah and Goswami advocates for the plaintiff
Akide & Co. Advocates for the defendant