[2022] KEHC 10136 (KLR)

[2022] KEHC 10136 (KLR)

The appellate court found that the trial magistrate's award of Kshs. 1,000,000 in general damages was inordinately low given the severity and permanency of the appellant's injuries, which included a brain contusion, fracture with hip dislocation, permanent incapacity, and ongoing disability. The court applied the...

Source-derived case information.

Citation
[2022] KEHC 10136 (KLR)
Parties
Appellant: Stanley Kalunge; Respondent: Ronald Jalie Gitonga
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
30 June 2022
Case Number
Civil Appeal E031 of 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal_allowed
Judges
TW Cherere
Legal Topics
Assessment of Damages, Personal Injury, Judicial Discretion, Quantum of Damages
Source Language
english
Tort Law Civil Procedure Assessment of Damages Personal Injury Judicial Discretion Quantum of Damages

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Summary, issues, holding and outcome

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Parties

Stanley Kalunge

Appellant

Ronald Jalie Gitonga

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court's award of general damages was inordinately low considering the injuries sustained by the appellant.
  2. 2 Whether the appellate court should interfere with the quantum of damages awarded by the trial court.

Ratio Decidendi

The appellate court found that the trial magistrate's award of Kshs. 1,000,000 in general damages was inordinately low given the severity and permanency of the appellant's injuries, which included a brain contusion, fracture with hip dislocation, permanent incapacity, and ongoing disability. The court applied the principle that comparable injuries should attract comparable awards and noted that the authorities relied upon by the trial court involved less severe injuries. The court was satisfied that the trial court failed to adequately consider the extent of the appellant's injuries and the prevailing range of awards for similar cases. Consequently, the appellate court exercised its...

Court Disposition

appeal_allowed

Orders

  • The award for general damages in Meru CMCC No. 99 of 2018 dated 28th January, 2021 is set aside and substituted with judgment for Kshs. 1,700,000 in general damages in favour of the appellant.
  • Special damages remain as awarded by the trial court.