[2000] KEHC 154 (KLR)
The court found that the driver of vehicle KTJ 623 was wholly to blame for the accident due to negligent driving, specifically speeding and failing to heed warnings. The 2nd and 3rd defendants were held vicariously liable as employers or principals of the driver. The plaintiff's injuries were substantiated by...
Source-derived case information.
- Citation
- [2000] KEHC 154 (KLR)
- Parties
- Plaintiff: Jane Mulinge; Defendant: Anthony Maina Ndere; Defendant: Dorcas Katoka; Defendant: Frank Kinama Musyimi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 5057 of 1992
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- JK Mulwa
- Legal Topics
- Road Traffic Accidents, Personal Injury, Vicarious Liability
- 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
Jane Mulinge
Plaintiff
Anthony Maina Ndere
Defendant
Dorcas Katoka
Defendant
Frank Kinama Musyimi
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendants are liable for the injuries suffered by the plaintiff as a result of the road accident.
- 2 Whether the plaintiff is entitled to damages for pain and suffering, loss of amenities, future medical expenses, and special damages.
Ratio Decidendi
The court found that the driver of vehicle KTJ 623 was wholly to blame for the accident due to negligent driving, specifically speeding and failing to heed warnings. The 2nd and 3rd defendants were held vicariously liable as employers or principals of the driver. The plaintiff's injuries were substantiated by multiple medical reports, and the need for future medical treatment was established. The court considered comparable authorities and inflationary trends in assessing damages. Judgment was entered for the plaintiff for general damages, future medical expenses, and special damages, with costs and interest.
Court Disposition
judgment for the plaintiff
Orders
- The plaintiff is awarded general damages for pain and suffering and loss of amenities in the sum of KES 950,000.
- The plaintiff is awarded KES 500,000 for future medical treatment as recommended by doctors.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL SUIT NO. 5057 OF 1992
JANE MULINGE…………………….……………………………….PLAINTIFF
-VERSUS
ANTHONY MAINA NDERE............................................1st DEFENDANT
DORCAS KATOKA.....................................................2ND DEFENDANT
FRANK KINAMA MUSYIMI.........................................3RD DEFENDANT
JUDGEMENT
(a) Liability
The Plaintiff Jane Mulinge has sued the defendant for damages following a road accident. In her evidence the Plaintiff explained how she got into a bus at the bus station to go to Umoja. Along Jogoo road, the driver was speeding and ignored her complaints when she told him he was over speeding. He found a stationary bus registration number KVU 156 at a bus stage. He attempted to overtake this bus but a lorry which was coming from behind hooted and forced him to ram into the stationary bus. Following this evidence by the plaintiff, I find the driver of the vehicle KTJ 623 wholly to blame for the accident and the 2nd and 3rd defendants are vicariously liable. As a result of this accident the Plaintiff suffered injuries. She was inpatient at Kenyatta Hospital for six weeks. She had to undergo prolonged treatment and as a result she lost her job. She has not been able to get another employment.
(b) Damages
The plaintiff produced 5 medical reports which was in agreement as to the injuries suffered by the Plaintiff as a result of the accident. The reports indicate that the Plaintiff will need to undergo a further operation for replacing the hip which shall cost about kshs.500,000/- The Plaintiff has cited 4 authorities to support her claim for damages. I have considered these authorities comparing the injuries which were considered and the Plaintiffs injuries. I have also taken into account the inflationary trend since these cases were decided. For pain and suffering and loss of amenities I award a sum of Shs.950,000. I further award Shs.500,000/- as recommended by the doctors for future treatment. © Judgment There will therefore be judgment for the Plaintiff as follows:
(a) General damages for pain and suffering and loss of amenities Shs. 950,000
(b) Cost for future treatment Shs. 500,000
(c) Special damages Shs. 35,875
Total Shs.1,485,875
The Plaintiff shall be paid the costs of this suit and interest.
Dated and delivered this 29th day of September, 2000.
KASANGA MULWA
JUDGE