[2002] KEHC 520 (KLR)
The court found that the plaintiff had proved her claim for damages arising from a road traffic accident. The interlocutory judgment entered against the defendants remained valid as they failed to apply for its setting aside. The court assessed the injuries as not serious, noting a small fracture of cervical...
Source-derived case information.
- Citation
- [2002] KEHC 520 (KLR)
- Parties
- Plaintiff: Lucia Kaswii Mutinda; Defendant: Simon Munyoki; Defendant: Stephen Wambua Munguti
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 6214 of 1991
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff against the defendants jointly and severally.
- Judges
- AM Githinji
- Legal Topics
- Personal Injury, Road Traffic Accident, Damages Assessment, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucia Kaswii Mutinda
Plaintiff
Simon Munyoki
Defendant
Stephen Wambua Munguti
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to general and special damages for injuries sustained in a road traffic accident.
- 2 Whether the interlocutory judgment entered against the defendants should stand in the absence of an application to set it aside.
- 3 The quantum of damages appropriate for the injuries suffered by the plaintiff.
Ratio Decidendi
The court found that the plaintiff had proved her claim for damages arising from a road traffic accident. The interlocutory judgment entered against the defendants remained valid as they failed to apply for its setting aside. The court assessed the injuries as not serious, noting a small fracture of cervical vertebra number seven and minor head and eye injuries, with full recovery by the time of the medical report. The court awarded Kshs.450,000/= as general damages and Kshs.4,150/= as special damages, holding the defendants jointly and severally liable, together with costs and interest at court rates.
Court Disposition
Judgment for the plaintiff against the defendants jointly and severally.
Orders
- Plaintiff awarded Kshs.450,000/= as general damages.
- Plaintiff awarded Kshs.4,150/= as special damages.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 6214 OF 1991
LUCIA KASWII MUTINDA ……………………………. PLAINTIFF
VERSUS
SIMON MUNYOKI …………………………….. 1ST DEFENDANT
STEPHEN WAMBUA MUNGUTI ……………. 2ND DEFENDANT
J U D G E M E N T
Plaintiff claims general and special damages as a result of injuries she sustained in a road traffic accident. Defendant did not enter appearance. As a result interlocutory judgement was entered against the defendants. Defendants entered appearance about 3 years after interlocutory judgement had been entered. But defendant did not apply for setting aside the interlocutory judgement.
On 24. 11. 93 – special damages were agreed at by Kshs.3,150/= being the salary of a house girl for 7 months, Kshs.100/= for police abstract, and Kshs.900/= for medical report. The total is Kshs.4,150/=. It was then agreed that General damages be assessed on the basis of the medical report for Dr. R.P Shah and written submissions. Plaintiff’s counsel filed written submissions. Defendant’s counsel failed to file written submission. According to the medical report of Dr. R.P Shah dated 13. 8.91 plaintiff sustained the following injuries
1. Head injury
2. Neck injury
3. Eye injury
The injury to the neck was a small fracture of cervical vertebra number seven and ligamentous injury to cervical spine. The head and eye injuries were minor injuries. She was admitted in hospital for one day. Her neck was immobilized in cervical collar for 2 months. The collar was then removed for 2 weeks. Cervical collar was again applied for further six months. She was unable to work for some time due to pain and stiffness of the neck. The accident occurred on 25. 12. 88. By the date of the medical report on 13. 8.91 she had fully recovered. Plaintiff’s counsel recommends an award of Kshs.400,000/=. It is clear from the medical report that plaintiff did not sustain serious injuries. The injury to the neck was only a small fracture of cervical vertebra number 7. There was no fracture of the cervical spine. The fact that she was admitted in hospital for one day and that the fracture of the cervical vertebra No.7 was treated conservatively is an indication that the injuries sustained were not disabling. In the circumstances I would award Kshs.450,000/= as general damages and Kshs.4,150/= as special damages.
Consequently I enter judgement for plaintiff against defendants jointly and severally on Kshs.450,000/= being General damages plus Kshs.4,150/= as Special damages plus costs and interest at court rates.
E.M. GITHINJI
JUDGE
30. 5.2002
Mr. Muturi for plaintiff present