[2017] KEHC 2236 (KLR)

[2017] KEHC 2236 (KLR)

The High Court found that the trial magistrate did not err in holding the appellant wholly liable, as liability had been settled by consent to be determined by the outcome of a test suit in which the defendant was found 100% liable. The court further held that the award of Kshs. 60,000 in general damages was...

Source-derived case information.

Citation
[2017] KEHC 2236 (KLR)
Parties
Appellant: John Kungu; Respondent: Lazarus Muisyo Kitang'a
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Appeal 639 of 2008
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
LM Njuguna
Legal Topics
Road Traffic Accidents, Assessment of Damages, Negligence Liability
Source Language
en
Tort Law Civil Procedure Road Traffic Accidents Assessment of Damages Negligence Liability

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Summary, issues, holding and outcome

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Parties

John Kungu

Appellant

Lazarus Muisyo Kitang'a

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in holding the appellant wholly liable for the accident.
  2. 2 Whether the award of Kshs. 60,000 in general damages was excessive.
  3. 3 Whether special damages of Kshs. 6,000 were proved.

Ratio Decidendi

The High Court found that the trial magistrate did not err in holding the appellant wholly liable, as liability had been settled by consent to be determined by the outcome of a test suit in which the defendant was found 100% liable. The court further held that the award of Kshs. 60,000 in general damages was reasonable and not excessive, considering the nature and extent of the respondent's soft tissue injuries, the rate of inflation, and comparable awards in similar cases. The court also found that special damages of Kshs. 3,000 were pleaded and proved, and adjusted the award accordingly. The appeal was dismissed with costs to the respondent.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondent.
  • The award of Kshs. 60,000 in general damages is upheld.