[2000] KEHC 188 (KLR)
The court found that the plaintiff had sustained serious injuries resulting in permanent disability, as evidenced by medical reports. Considering the nature of the injuries and comparable case law, the court awarded general damages of KES 400,000 and special damages of KES 21,735. The total award was KES 421,735,...
Source-derived case information.
- Citation
- [2000] KEHC 188 (KLR)
- Parties
- Plaintiff: David Kiplangat Mibei; Defendant: Reuben Kiptoo Langat
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2142 of 1998
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff for KES 421,735 plus costs and interest.
- Legal Topics
- Personal Injury, Quantum of Damages, Assessment of Special Damages
- 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
David Kiplangat Mibei
Plaintiff
Reuben Kiptoo Langat
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant is liable for the injuries sustained by the plaintiff.
- 2 What is the appropriate quantum of damages payable to the plaintiff.
Ratio Decidendi
The court found that the plaintiff had sustained serious injuries resulting in permanent disability, as evidenced by medical reports. Considering the nature of the injuries and comparable case law, the court awarded general damages of KES 400,000 and special damages of KES 21,735. The total award was KES 421,735, with costs and interest to the plaintiff. The judgment was based on the established liability and the quantum of damages supported by medical and legal authorities.
Court Disposition
Judgment for the plaintiff for KES 421,735 plus costs and interest.
Orders
- Judgment entered for the plaintiff for KES 421,735.
- Plaintiff awarded costs of the suit.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 2142 OF 1998 DAVID KIPLANGAT MIBEI…………………………..………………..PLAINTIFF -VERSUS
REUBEN KIPTOO LANGAT……………………………………….DEFENDANT JUDGEMENT
There is judgement on liability.
Quantum The Plaintiff sustained the injuries described in the medical reports by Doctors W.M. Wokabi and P.M. Wambugu.
He has remained with a shortened leg and is unable to use the left hand fully. I have considered the cases cited in support of the claim for damages and I award the sum of Shs.400,000/- plus shs.21,735/- for special damages.
There will be judgment for the plaintiff for Shs.421,735/- The plaintiff shall have the costs of the suit and interest. Dated and delivered this 5th day of October, 2000. KASANGA MULWA JUDGE