[2000] KEHC 162 (KLR)
The court found the defendants liable for the accident based on the plaintiff's evidence that the defendant's vehicle, with full lights on, caused the collision. The court accepted the medical evidence of the plaintiff's injuries, including fractures and soft tissue injuries, with a 10% incapacity assessment. In...
Source-derived case information.
- Citation
- [2000] KEHC 162 (KLR)
- Parties
- Plaintiff: Leonard Kinuthia; Defendant: William Sirma Kiboros & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 37 of 1992
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- JK Mulwa
- Legal Topics
- Road Traffic Accidents, Personal Injury, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Kinuthia
Plaintiff
William Sirma Kiboros & Another
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendants were liable for the road accident that caused injury to the plaintiff.
- 2 What quantum of damages is appropriate for the injuries sustained by the plaintiff.
Ratio Decidendi
The court found the defendants liable for the accident based on the plaintiff's evidence that the defendant's vehicle, with full lights on, caused the collision. The court accepted the medical evidence of the plaintiff's injuries, including fractures and soft tissue injuries, with a 10% incapacity assessment. In determining damages, the court compared the injuries and awards in cited cases and adjusted for inflation, awarding KES 700,000 for pain, suffering, and loss of amenities. The plaintiff was also awarded costs and interest.
Court Disposition
Judgment for the plaintiff.
Orders
- The plaintiff is awarded KES 700,000 for pain, suffering, and loss of amenities.
- The plaintiff shall have the costs of the suit and interest.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 37 OF 1992
LEONARD KINUTHIA….….………………………………………..PLAINTIFF -VERSUS- WILLIAM SIRMA KIBOROS & ANOTHER……………………..DEFENDANT
JUDGEMENT
The Plaintiff has sued the Defendants for damages following a road accident which occurred on 13. 3.91 along Waiyaki way in Nairobi. The Plaintiff blamed the Defendant for the accident. In his evidence the Plaintiff was driving towards Kangemi. This road is two way but he saw a vehicle coming on towards him driving from the opposite side. He saw it when it was about 60 metres away. He was driving uphill and he was not speeding. The on coming vehicle had its full lights on. He was taken by good samaritans to MP Shah hospital. He produced the doctors report which shows that he sustained the following injuries:
(1) Fracture of right angle and comminuted fracture of the lateral meleolus
(2) Soft tissue injury to the chest
(3) Soft tissue injury to the right hip
The doctor assessed the incapacity at 10%.
The Plaintiff in support of his claim for damages cited a number of cases namely:
(1) HCCC No. 15 of 1987 James Jimbi Dume vs. Kisauni Youth Village Polytechnic (Mombasa)
(2) HCCC No. 451 of 1991 George Mwashigadi & Others vs. Paul Musyoka Mutemi & Others (Mombasa)
I have considered these cases comparing the injuries the Plaintiffs suffered and the awards given, with the injuries in the present case. I have also taken into consideration the inflationary trend since the judgments were given. I assess the damages payable for pain and suffering and loss of amenities at Shs.700,000/-
The Plaintiff shall have the cost of the suit and interests.
Dated and delivered this 10th day of November, 2000.
KASANGA MULWA
JUDGE