[2000] KEHC 294 (KLR)
The court found that the plaintiff was a lawful fare paying passenger and that the defendants, through their conductor and driver, breached their duty of care by negligently causing her to fall while alighting from the minibus. The plaintiff's evidence was unchallenged as the defendants did not offer any defence....
Source-derived case information.
- Citation
- [2000] KEHC 294 (KLR)
- Parties
- Plaintiff: Joyce Watiri; Defendant: James Kariuki & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 386 of 1993
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Road Traffic Accidents, Personal Injury, Negligence, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Watiri
Plaintiff
James Kariuki & Another
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants were liable in negligence for the injuries sustained by the plaintiff in the road traffic accident.
- 2 What quantum of damages is appropriate for the injuries and losses suffered by the plaintiff.
Ratio Decidendi
The court found that the plaintiff was a lawful fare paying passenger and that the defendants, through their conductor and driver, breached their duty of care by negligently causing her to fall while alighting from the minibus. The plaintiff's evidence was unchallenged as the defendants did not offer any defence. The court accepted the medical evidence of the injuries and the receipts for special damages. The court assessed general damages at KES 180,000 and special damages at KES 1,000, awarding a total of KES 181,000 plus costs and interest to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff against the defendants for KES 181,000 with costs and interest.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAT NAIROBI CIVIL CASE NO.386 OF 1993
JOYCE WATIRI …………………………………. PLAINTIFF VERSUS JAMES KARIUKI & ANOTHER …………..…. DEFENDANTS
J U D G M E N T The Plaintiff’s claim arises out of a traffic road accident which occurred on the 28th September, 1991 involving a motor vehicle registration number KAA 520x in which the Plaintiff was travelling as a lawful fare paying passenger. The Plaintiff told the court that on the material date she boarded the defendant’s Mini Bus Registration Number KAA520x at Uthiru to Kangemi. She paid Shs.3/= when she reached her destination the bus stopped. But when she was alighting the conductor held her while the driver drove away. As a result she fell down and sustained the following injuries.
Fracture on the pelvis; multiple bruises and lacerations and partial disability on the left leg. She was rushed to Kenyatta National Hospital where she was admitted for 5 days, before she was discharged she was attended to by Dr. Munene P.W.2 who confirmed the injuries and prepared the medical report. She paid him Shs.1000/= for which she produced a receipt Exh.1.
The defendant did not offer any evidence in defence. The Plaintiff has proved her case. I now proceed to assess the general damages.
Counsel for the Plaintiff suggested a figure of Shs.200,000/= general damages and cited two authorities, which I have considered. Having considered the injuries sustained by the Plaintiff, it is my humble opinion that a figure of Shs.180,000 would be adequate compensation for the Plaintiff. Special damages were proved at Shs.1000.
Accordingly there shall be Judgment for the Plaintiff and against the defendant forShs.181,000/= with costs and interest.
Dated and Delivered at Nairobi this 8th day of February, 2000
J.L.A OSIEMO JUDGE