[2025] KEHC 8936 (KLR)

[2025] KEHC 8936 (KLR)

The High Court found that the trial court erred in its assessment of special damages by failing to consider the full amount strictly proved by the Respondent through M-Pesa statements and hospital receipts. The court also found no justification for the award of Kshs. 72,000 for pain killers, which was set aside, but upheld the future medical costs for physiotherapy. The general damages for pain and suffering were found reasonable given the nature and extent of the injuries and the degree of permanent incapacity. The total award was recalculated to reflect the correct special damages and the agreed apportionment of liability at 85:15% in favour of the Respondent. The court substituted the...

Citation
[2025] KEHC 8936 (KLR)
Parties
Appellant: Mukeng’ura Linus Kaleway; Respondent: Export Consolidation Services Limited
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
31 January 2025
Case Number
Civil Appeal E025 of 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal and cross-appeal partially allowed. Judgment entered for the Respondent for Kshs. 1,916,925.95 plus costs and interest.
Judges
AN Ongeri
Legal Topics
Assessment of Damages, Personal Injury, Contributory Negligence, Special Damages, Future Medical Costs
Source Language
English
Tort Law Civil Procedure Assessment of Damages Personal Injury Contributory Negligence Special Damages Future Medical Costs

Case Brief

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Parties

Mukeng’ura Linus Kaleway

Appellant

Export Consolidation Services Limited

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in the assessment of general, special, and future damages.
  2. 2 Whether the cross-appeal by the Respondent on quantum of damages should be allowed.

Ratio Decidendi

The High Court found that the trial court erred in its assessment of special damages by failing to consider the full amount strictly proved by the Respondent through M-Pesa statements and hospital receipts. The court also found no justification for the award of Kshs. 72,000 for pain killers, which was set aside, but upheld the future medical costs for physiotherapy. The general damages for pain and suffering were found reasonable given the nature and extent of the injuries and the degree of permanent incapacity. The total award was recalculated to reflect the correct special damages and the agreed apportionment of liability at 85:15% in favour of the Respondent. The court substituted the...

Court Disposition

Appeal and cross-appeal partially allowed. Judgment entered for the Respondent for Kshs. 1,916,925.95 plus costs and interest.

Orders

  • Special damages awarded at Kshs. 915,207.
  • Future medical costs for physiotherapy awarded at Kshs. 40,000.