[2000] KEHC 130 (KLR)
The court found the defendants 100% liable for the accident and the resulting injuries to the plaintiff. In assessing damages, the court rejected the plaintiff's claim of Shs.5,000 daily profit as exaggerated and unsupported by evidence, instead accepting a reasonable monthly income of Shs.2,000 for the purpose of...
Source-derived case information.
- Citation
- [2000] KEHC 130 (KLR)
- Parties
- Plaintiff: Elizabeth Nduta Muthee; Defendant: Oliver Karongo Ngari; Defendant: Unnamed 2nd Defendant
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 3154 of 1996
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Personal Injury, Assessment of Damages, Loss of Earning Capacity
- 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
Elizabeth Nduta Muthee
Plaintiff
Oliver Karongo Ngari
Defendant
Unnamed 2nd Defendant
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants are liable for the injuries suffered by the plaintiff as a result of the accident.
- 2 What is the appropriate quantum of damages, including general damages, special damages, and loss of earning, to be awarded to the plaintiff.
Ratio Decidendi
The court found the defendants 100% liable for the accident and the resulting injuries to the plaintiff. In assessing damages, the court rejected the plaintiff's claim of Shs.5,000 daily profit as exaggerated and unsupported by evidence, instead accepting a reasonable monthly income of Shs.2,000 for the purpose of calculating loss of earning. The court accepted the medical evidence of permanent incapacity and awarded damages accordingly. Special damages were awarded based on receipts produced. General damages were assessed in light of the injuries and comparable cases. The total award comprised general damages, special damages, and loss of earning, with costs and interest to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- The defendants shall pay the plaintiff general damages of Shs.700,000.
- The defendants shall pay the plaintiff special damages of Shs.343,655.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 3154 OF 1996
ELIZABETH NDUTA MUTHEE………………………PLAINTIFF
-VERSUS
OLIVER KARONGO NGARI & ANOTHER………DEFENDANT
JUDGMENT
LIABILITY
Liability was settled between the plaintiff and the defendants at 100% against the defendants.
DAMAGES
The medical reports produced by the doctors show the extent of injuries suffered by the plaintiff. Of importance in addition to the reports by the doctors is that the plaintiff paid for her medical bills but that she had to stop treatment because she could not afford to pay for the hospital bills. In her evidence the plaintiff explained how she was not able to run her business after the accident. To prove loss of earning due to the accident she called PW2 David Thuo Chege who carried out some assessment of her business. His conclusion was that the plaintiff was making Shs.919,740 per annum.
But in her own evidence she says she was making a profit of Shs.5,000/- per day. She thus claims loss of earning and I find the claim of earning of Shs.5,000/- per day to be exaggerated. There was no other evidence to support this claim and I also found PW2 evidence on this far from being conclusive.
To sustain the claim urged for the plaintiff on this item the plaintiff needed to give proof of the income from the business. I have no doubt that she ran a business from which she scooped her livelihood but the evidence is lacking to support the figures. The Doctors report show that the plaintiff suffered injuries on the head which testify to the loss of memory. The injuries she received no doubt are such that she would not be able to do the kind of work she was doing before the accident. For her earning I would accept an income of Shs.2,000/- per month. There was no evidence to show that the plaintiff is likely to recover quickly to be able to work again so that her inability to work could be taken to be permanent. She was 45 years old at the time of the accident. She could have worked for 16 years. For loss of earning therefore the plaintiff shall be entitled to Shs.2,000 x 12 x 16 = 384,000/-
SPECIAL DAMAGES
The plaintiff produced evidence of the amount of money she paid to the hospitals and to the doctors all amounting to Shs.343,655/-. I accept this evidence and the plaintiff shall be paid this sum under this head.
GENERAL DAMAGES
I have considered the injuries suffered by the plaintiff as explained in the reports by the Doctors. I have also considered the cases cited in support by way of comparison and for General damages. I accept the figure of Shs.700,000/- adequate compensation.
JUDGMENT
There will be Judgment for the plaintiff as follows:
(1) General damages Shs.700,000/-
(2) Special damages Shs.343,655/-
(3) Loss of earning
2000 x 12 x 16 Shs.384,000/-
Total Shs.1,427,655/-
The Defendants shall pay costs of the suit and interests.
Delivered and dated at Nairobi this 28th day of January, 2000.
KASANGA MULWA JUDGE
28-1-2000
Coram: Hon. Kasanga Mulwa J.
Mr. Njiah for Defendant 1st Defendant
Mr. Kamau for the 2nd Defendant
Judgment Read
KASANGA MULWA JUDGE
Mr. Kamau : We ask for a Stay of 30 days.
Court: Stay for 30 days granted.
KASANGA MULWA
JUDGE