[2012] KEHC 5439 (KLR)

[2012] KEHC 5439 (KLR)

The court found that while the trial court's award of general damages was on the higher side, it was necessary to consider the comparable authorities, the passage of time since those awards, and inflation. The court substituted the general damages with a lower but reasonable figure of Kshs.250,000. On special damages, only receipts that were properly stamped in accordance with the Stamp Duty Act were admissible, reducing the award to Kshs.49,360. The total award was then subjected to the agreed 30% contributory negligence, resulting in a final judgment for Kshs.209,552 in favour of the respondent. The costs of the appeal were awarded to the appellant.

Citation
[2012] KEHC 5439 (KLR)
Parties
Appellant: S.D.V. Transami K. Ltd; Respondent: Scholastic Nyambura
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
25 May 2012
Case Number
Civil Appeal 105 of 2008
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partially allowed; general and special damages reduced; costs of appeal to appellant.
Judges
RPV Wendoh
Legal Topics
Assessment of Damages, Personal Injury, Stamp Duty Compliance, Contributory Negligence
Source Language
English
Tort Law Civil Procedure Assessment of Damages Personal Injury Stamp Duty Compliance Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

S.D.V. Transami K. Ltd

Appellant

Scholastic Nyambura

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court's award of general damages was excessive and based on wrong principles.
  2. 2 Whether the special damages awarded were properly proved in compliance with the Stamp Duty Act.
  3. 3 Whether the trial court erred in considering unstamped receipts as evidence of special damages.

Ratio Decidendi

The court found that while the trial court's award of general damages was on the higher side, it was necessary to consider the comparable authorities, the passage of time since those awards, and inflation. The court substituted the general damages with a lower but reasonable figure of Kshs.250,000. On special damages, only receipts that were properly stamped in accordance with the Stamp Duty Act were admissible, reducing the award to Kshs.49,360. The total award was then subjected to the agreed 30% contributory negligence, resulting in a final judgment for Kshs.209,552 in favour of the respondent. The costs of the appeal were awarded to the appellant.

Court Disposition

Appeal partially allowed; general and special damages reduced; costs of appeal to appellant.

Orders

  • The award of general damages is set aside and substituted with Kshs.250,000.
  • Special damages are awarded at Kshs.49,360, being the amount proved by stamped receipts.