[2019] KEHC 2637 (KLR)

[2019] KEHC 2637 (KLR)

The High Court found that the trial court failed to give sufficient weight to the severity of the appellant's injuries, the resulting permanent disability, the pain and suffering endured during hospitalization, and the fall in the purchasing power of the shilling. The court determined that the award of Kshs 350,000...

Source-derived case information.

Citation
[2019] KEHC 2637 (KLR)
Parties
Appellant: Jackline Kwamboka Nyamongo; Respondent: Patrick Wachira
Court
High Court
Court Station
High Court at Narok
Jurisdiction
Kenya
Case Number
Civil Appeal 11 of 2018
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal_allowed
Legal Topics
Assessment of Damages, Personal Injury, Contributory Negligence, Quantum of Damages
Source Language
en
Tort Law Assessment of Damages Personal Injury Contributory Negligence Quantum of Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jackline Kwamboka Nyamongo

Appellant

Patrick Wachira

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court's award of Kshs 350,000 as general damages was inordinately low given the severity of the appellant's injuries.
  2. 2 Whether the appellant proved special damages beyond the Kshs 4,000 awarded by the trial court.

Ratio Decidendi

The High Court found that the trial court failed to give sufficient weight to the severity of the appellant's injuries, the resulting permanent disability, the pain and suffering endured during hospitalization, and the fall in the purchasing power of the shilling. The court determined that the award of Kshs 350,000 as general damages was inordinately low in the circumstances. After reassessing the evidence and considering comparable cases, the court enhanced the general damages to Kshs 700,000, subject to 25% contributory negligence, resulting in Kshs 525,000. The court also awarded Kshs 4,000 as special damages, finding that the appellant failed to prove any amount beyond this. The...

Court Disposition

appeal_allowed

Orders

  • The appeal is allowed.
  • The judgment and decree of the trial court are set aside.