[2002] KEHC 959 (KLR)
The court found that the plaintiff's evidence was unchallenged and established that the defendant's negligence, specifically driving at excessive speed, caused the accident and the plaintiff's injuries. The court accepted the medical evidence showing soft tissue injuries and awarded general damages for pain and...
Source-derived case information.
- Citation
- [2002] KEHC 959 (KLR)
- Parties
- Plaintiff: Eunice Wangui; Defendant: Wilson Thambo
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 94 of 1998
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff against the defendant.
- Legal Topics
- Road Traffic Accidents, Negligence, Personal Injury, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Wangui
Plaintiff
Wilson Thambo
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant was liable for the accident involving the plaintiff.
- 2 Whether the plaintiff suffered injuries as a result of the defendant's negligence.
- 3 What quantum of damages is payable to the plaintiff.
Ratio Decidendi
The court found that the plaintiff's evidence was unchallenged and established that the defendant's negligence, specifically driving at excessive speed, caused the accident and the plaintiff's injuries. The court accepted the medical evidence showing soft tissue injuries and awarded general damages for pain and suffering, as well as special damages for proven expenses. The absence of any defence or contrary evidence from the defendant led the court to hold him fully liable for the accident and the resulting damages.
Court Disposition
Judgment for the plaintiff against the defendant.
Orders
- General damages for pain and suffering awarded at Kshs.100,000/-.
- Special damages awarded at Kshs.10,550/-.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CIVIL SUIT NO. 94 OF 1998
EUNICE WANGUI ……………………………. PLAINTIFF
VERSUS
WILSON THAMBO ………………………… DEFENDANT
JUDGMENT
The Plaintiff EUNICE WANGUI was involved in a road accident when the matatu she was travelling in overturned. It was her evidence that the matatu did not collide with any other motor vehicle. It was however being driven at a very high speed when it overturned. The Defendant filed a defence but did not attend court during the hearing, although he had been served with a hearing notice. The case therefore proceeded for hearing exparte. On the issue of liability, there was no evidence from the Defendant’s side to contradict the Plaintiff’s assertion that the motor vehicle overturned due to the high speed in which it was being driven. I am satisfied that the Plaintiff has proved her case against the Defendant on the required standard. I hold him liable.
After the accident the Plaintiff was taken to Kerugoya Hospital where she was treated and discharged. She was not admitted. She suffered injuries on the face, shoulder and the right elbow. She was examined by Dr. Ndirangu and the Defendants doctor Dr. R.P. Shah Consultant Surgeon. Both medical reports indicated that the Plaintiff suffered soft tissue injuries and recovered well without any permanent disabilities. I assess general damages for pain and suffering at Kshs.100,000/-. The Plaintiff produced a bundle of receipts to show the expenses she incurred when she bought the medicines amounting to Kshs.9260/-. I award the same. I award Kshs.100/- for police abstract but disallow the claim for Kshs.1500/- for the medical report for lack of proof. I also award Kshs.1190/- in respect of bus fare that the Plaintiff used in going to hospital for X-ray and medical attention.
I therefore enter judgment for the Plaintiff against the Defendant as follows:-
a) General damages for pain and suffering at Kshs.100,000/-.
b) Special damages at Kshs10,550/-.
Total Kshs.110,550/-.
The plaintiff shall also have the cost of this suit and interest.
Dated this day of 2002.
J.V.O. JUMA
JUDGE