[2000] KEHC 397 (KLR)
The court found that the plaintiff had suffered significant injuries as a result of the defendants' negligence, which was not in dispute due to the consent judgment on liability at a 75-25 apportionment in favour of the plaintiff. In determining the quantum of general damages, the court considered the nature and...
Source-derived case information.
- Citation
- [2000] KEHC 397 (KLR)
- Parties
- Plaintiff: Fatuma Abdalla; Defendant: Tusks Restaurants Ltd.; Defendant: Unknown (2nd Defendant)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1727 of 1999
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Road Traffic Accidents, Personal Injury, Negligence, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fatuma Abdalla
Plaintiff
Tusks Restaurants Ltd.
Defendant
Unknown (2nd Defendant)
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants were liable in negligence for the injuries sustained by the plaintiff in the road traffic accident.
- 2 What is the appropriate quantum of general and special damages payable to the plaintiff, considering the extent of injuries and comparable precedents.
Ratio Decidendi
The court found that the plaintiff had suffered significant injuries as a result of the defendants' negligence, which was not in dispute due to the consent judgment on liability at a 75-25 apportionment in favour of the plaintiff. In determining the quantum of general damages, the court considered the nature and extent of the injuries, the period of recovery, and comparable awards in similar cases. The court concluded that Kshs.600,000 was fair compensation for pain, suffering, and loss of amenities, and added agreed special damages of Kshs.202,238. Applying the 75% liability ratio, the total award due to the plaintiff was Kshs.601,678. Judgment was entered for the plaintiff against the...
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff against the defendants jointly and severally for Kshs.601,678.
- Defendants to pay costs of the suit and interest on the awarded sum.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO.1727 OF 1999
FATUMA ABDALLA …………………………………….… PLAINTIFF
VERSUS
TUSKS RESTAURANTS LTD. & ANOTHER ………… DEFENDANT
JUDGMENT
On or about 8th October, 1997 the Plaintiff was lawfully and carefully crossing the WAIYAKI WAY on a Zebra Crossing along the road when the 2nd Defendant so negligently drove, managed and/or controlled motor vehicle registration number KAA 635 L that it hit and knocked down the Plaintiff an accident from which she sustained the following injuries:- 1. Multiple bruises and lacerations to the face. 2. Segmental fracture of the right superior public ramus 3. Multiple bruises to the left thigh. 4. Laceration anterior aspect of the calf on the right leg. 5. Fracture of the tibia and fibula of right leg.
She filed this suit claiming both special and general damages. Judgment on liability was entered by consent in favour of the Plaintiff at 75-25 basis. It was also agreed by consent that assessment of general damages be based on written submissions to be filed by both parties. The medical report by Dr. Shah dated 17/11/1998 which was filed by consent indicates that the Plaintiff had suffered compound fracture of left leg bones (the tibia and fibular) fracture of right superior pubic ramus of pelvis. Cuts and bruises of right forearm, back left thigh and left leg. While in hospital she underwent operation of plating of fractured tibia injection and oral medicine. She used aid of clutches for 3 months after the operations to enable herself to walk.
She attained excellent recovery in 4 to 5 months after the accident. Counsel for the Plaintiff suggested a figure for Kshs.1,500,000/= general damages for pain suffering and loss of amenities and cited two authorities. MUTINDA MATHEKA VS. GULAM YUSUF HCCC NO.752 of 1993 (MSA) where the Plaintiff was awarded Kshs.1,000,000/= general damages for pain and suffering. HCCC No. 287 of 1988 CHARLES ANUSALE AND ANOTHER VS. MICHAEL MBUGUA where the Plaintiff was awarded Kshs.600,000/= general damages for pain and suffering.
While Counsel for the Defendant suggested a figure of Kshs.290,000/= and cited three authorities HCCC No.48 of 1990 9MSA) SOUTHERN ENFINEERING CO. LTD VS. KAZUNGU KENGA where the Plaintiff was awarded Kshs.200,000/= general damages for pain and suffering. HCCC NO.3354 of 1983 ESTHER NJERI GIKONYO VS. MZEE ASEMBO AND TWO OTHERS where the Plaintiff was awarded Kshs.260,000/= general damages for pain and suffering. HCCC NO.2393 of 1988 JUMMY MBITHI KITELE VS. JAMI RATIMA CONSTRUCTION CO. LTD where the Plaintiff was awarded Kshs.250,000/= general damages for pain and suffering. Having considered the injuries suffered by the Plaintiff and compared them with the injuries sustained by the Plaintiff in the cited authorities and the damages for pain and suffering.
Having considered the injuries sustained by the Plaintiff and compared them with the injuries sustained by the Plaintiff in the cited authorities and the damages awarded, I am satisfied that a figure of Kshs.600,000/= would be adequate compensation for the Plaintiff. Special damages were agreed at Kshs.202,238/= This makes up a total of Kshs.802,238/= Liability was apportioned at 75-25 in favour of the Plaintiff. This would work out as follows: 802,238 x 75% = 601,678
Accordingly there shall be Judgment for the Plaintiff and against the Defendants jointly and severally for Kshs.601,678 with costs and interest.
Delivered and dated at Nairobi this 18th day of January 2000
J.L.A. OSIEMO
JUDGE