[2022] KEHC 15721 (KLR)

[2022] KEHC 15721 (KLR)

The appellate court found that the trial court's award of Kshs 500,000 as general damages for the appellant's injuries was inordinately low, considering the nature and extent of the injuries (trauma of the left leg, fracture of the neck of femur, fracture of the ankle joint, and 65% permanent incapacity) and the awards in comparable cases. While the injuries in the authorities cited by the appellant were somewhat more severe, the court recognized the need to adjust the award upwards to reflect inflation and the passage of time since those decisions. The court exercised its discretion to interfere with the trial court's assessment, setting aside the original award and substituting it with...

Citation
[2022] KEHC 15721 (KLR)
Parties
Appellant: Peter Michael Ndungu Gitonga; Respondent: Dedan Munge Wanjiru
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Judgment Date
24 November 2022
Case Number
Civil Appeal 122 of 2020
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Judges
RB Ngetich
Legal Topics
Assessment of Damages, Personal Injury, Quantum of Damages, Appellate Review, Future Medical Expenses
Source Language
English
Tort Law Civil Procedure Assessment of Damages Personal Injury Quantum of Damages Appellate Review Future Medical Expenses

Case Brief

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Parties

Peter Michael Ndungu Gitonga

Appellant

Dedan Munge Wanjiru

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court's award of Kshs 500,000 as general damages for personal injuries was inordinately low and amounted to a miscarriage of justice.
  2. 2 Whether the appellate court should interfere with the trial court's assessment of general damages.

Ratio Decidendi

The appellate court found that the trial court's award of Kshs 500,000 as general damages for the appellant's injuries was inordinately low, considering the nature and extent of the injuries (trauma of the left leg, fracture of the neck of femur, fracture of the ankle joint, and 65% permanent incapacity) and the awards in comparable cases. While the injuries in the authorities cited by the appellant were somewhat more severe, the court recognized the need to adjust the award upwards to reflect inflation and the passage of time since those decisions. The court exercised its discretion to interfere with the trial court's assessment, setting aside the original award and substituting it with...

Court Disposition

appeal allowed

Orders

  • General damages assessed at Kshs 1,500,000.
  • Costs of the appeal awarded to the appellant.