[1997] KEHC 36 (KLR)
The court found that the plaintiff had proved his case on the required standard, based on unchallenged evidence of the accident and the injuries sustained. The medical evidence established the extent of the injuries, including a fractured right tibia and fibula, and the removal of torn knee cartilages. The court...
Source-derived case information.
- Citation
- [1997] KEHC 36 (KLR)
- Parties
- Plaintiff: Geoffrey Ndungu Ngugi; Defendant: Njoroge Wakaruri; Defendant: Hon. Samwel Ngigi Mwaura; Defendant: Peter Mwaura
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 145 of 1991
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Personal Injury, Road Traffic Accident, Damages Assessment
- 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
Geoffrey Ndungu Ngugi
Plaintiff
Njoroge Wakaruri
Defendant
Hon. Samwel Ngigi Mwaura
Defendant
Peter Mwaura
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants were liable for the injuries sustained by the plaintiff in the motor vehicle accident.
- 2 Whether the plaintiff is entitled to general damages for pain and suffering.
- 3 Whether the plaintiff is entitled to special damages.
Ratio Decidendi
The court found that the plaintiff had proved his case on the required standard, based on unchallenged evidence of the accident and the injuries sustained. The medical evidence established the extent of the injuries, including a fractured right tibia and fibula, and the removal of torn knee cartilages. The court assessed general damages for pain and suffering at Kshs.250,000, referencing comparable cases. The claim for special damages was disallowed as it was not pleaded. Judgment was entered for the plaintiff for general damages, with costs and interest.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff against the defendants in the sum of Kshs.250,000 for general damages.
- The plaintiff shall have the costs of the suit and interest.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 145 OF 1991
GEOFFREY NDUNGU NGUGI ............................... PLAINTIFF VERSUS NJOROGE WAKARURI .................................... 1ST DEFENDANT HON. SAMWEL NGIGI MWAURA ................... 2ND DEFENDANT PETER MWAURA .............................................. 3RD DEFENDANT
JUDGMENT
The Plaintiff was injured when the motor vehicle he was travelling in collided with another vehicle on the 20th May 1990. The Defendant did not attend court though the hearing date had been obtained by consent.
On the evidence before me I hold that the Plaintiff has proved his case on the required standard.
The Plaintiff testified that he broke his leg in the accident and was hospitalised for one month at Aga Khan Hospital.
He was examined by Mr. W.M. Wokabi, Consultant Surgeon who recorded that the Plaintiff sustained injuries on the head and right leg. He had lacerations on the head and fracture of right tibia and fibula. The cartilages in the right knee were removed as they were found torn.
The x-ray shows extensive fracture of midshaft and upper one third tibia. There is a step deformity.
I have noted the cases cited by counsel for the Plaintiff and I assess general damages for pain and suffering at Kshs.250,000/=.
I disallow the claim for special damages as the same were not pleaded.
I therefore enter judgement for the Plaintiff against the defendant in the sum of Kshs.250,000/=. The plaintiff shall also have the costs of this suit and interest.
Delivered this 22nd day of September, 1997.
J.V. JUMA
JUDGE