[2016] KEHC 3542 (KLR)

[2016] KEHC 3542 (KLR)

The High Court found that the trial court erred by failing to consider relevant factors, including the appellant's ongoing pain, inability to perform heavy work, and the possibility of post-traumatic arthritis, as well as the age and value of comparable authorities cited. The trial court's failure to provide adequate reasons for disregarding the appellant's submissions and authorities, and its undue emphasis on the absence of permanent disability, led to an inordinately low award. The appellate court, exercising its discretion afresh, considered the severity of the injuries, the appellant's occupation, the length of hospitalization, and the effects of inflation, and determined that a fair...

Citation
[2016] KEHC 3542 (KLR)
Parties
Appellant: Dennis Mwendwa Mbithe Kathuku; Respondent: George M. Mwangi
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
2 June 2016
Case Number
Civil Appeal 27 of 2011
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal_allowed
Legal Topics
Assessment of Damages, Personal Injury, Quantum of Damages, Appellate Review, Contributory Negligence
Source Language
English
Tort Law Civil Procedure Assessment of Damages Personal Injury Quantum of Damages Appellate Review Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Dennis Mwendwa Mbithe Kathuku

Appellant

George M. Mwangi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in law and fact in awarding Kshs.180,000 as general damages for a compound fracture and dislocation of the right ankle joint, making the award inordinately low.
  2. 2 Whether the trial court failed to consider relevant factors and authorities in assessing damages, thus arriving at an erroneous estimate.

Ratio Decidendi

The High Court found that the trial court erred by failing to consider relevant factors, including the appellant's ongoing pain, inability to perform heavy work, and the possibility of post-traumatic arthritis, as well as the age and value of comparable authorities cited. The trial court's failure to provide adequate reasons for disregarding the appellant's submissions and authorities, and its undue emphasis on the absence of permanent disability, led to an inordinately low award. The appellate court, exercising its discretion afresh, considered the severity of the injuries, the appellant's occupation, the length of hospitalization, and the effects of inflation, and determined that a fair...

Court Disposition

appeal_allowed

Orders

  • The trial court's assessment of general damages is set aside and substituted with an award of Kshs.450,000.
  • The appellant is awarded special damages of Kshs.16,734.