[1992] KEHC 105 (KLR)
The court found that the plaintiff suffered an uncomplicated fracture of the right clavicle, chest injury, and contusions, resulting in 2 ½ months off work but with full recovery and no permanent incapacity. The court considered comparable awards for similar injuries and determined that KES 80,000 was reasonable for...
Source-derived case information.
- Citation
- [1992] KEHC 105 (KLR)
- Parties
- Plaintiff: Manyi; Defendant: Gatheche
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 467 of 1991
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Personal Injury, Negligence, Quantum of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manyi
Plaintiff
Gatheche
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 accident.
- 2 What is the appropriate quantum of damages for the injuries suffered by the plaintiff.
Ratio Decidendi
The court found that the plaintiff suffered an uncomplicated fracture of the right clavicle, chest injury, and contusions, resulting in 2 ½ months off work but with full recovery and no permanent incapacity. The court considered comparable awards for similar injuries and determined that KES 80,000 was reasonable for general damages for pain, suffering, and loss of amenities. Special damages of KES 1,100 were also awarded as they were specifically pleaded and proved. The defendant's liability was not contested, and the only issue was the quantum of damages, which the court resolved by reference to precedent and the medical evidence presented.
Court Disposition
Judgment for the plaintiff.
Orders
- The plaintiff is awarded KES 80,000 as general damages for pain, suffering, and loss of amenities.
- The plaintiff is awarded KES 1,100 as special damages.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
Manyi v Gatheche
High Court, at Mombasa April 16, 1992 Wambilyangah J
Civil Suit No. 467 of 1991
April 16, 1992, Wambilyangah delivered the Judgment.
In this action the plaintiff’s claim is for general and special damages for injuries which she sustained when a matatu KWH 048 in which she was traveling as a fare-paying passenger was involved in a road accident on the 4th September 1989. The defendant’s liability in negligence is not in issue. I will now proceed to consider the aspect of quantum of damages.
According to the medical report which was produced in the proceedings the injuries which were sustained are as follows:-
1. Fracture of right clavicle.
2. Chest injury.
3. Contusion of right hand and right knee.
At the Coast General Hospital where he was taken she was given a figure of 8 bandage but was discharged on the same day and had to receive her subsequent treatment as an out-patient. After the process of healing had come to its end, the surgeon found that the fracture of the clavicle had fully healed and the movements of the joints involved was entirely normal. The surgeon then concluded his medical report as follows:-
Mr. Momanyi sustained the above named injuries on 4th September 1989. She was off work for 2 ½ months and has now fully recovered without any permanent incapacity.”
The plaintiff therefore basically deserves general damages for pain and suffering for the 2 ½ months during which the recuperation took place. Mr. Kariuki has in his submission referred me to the case of Shankat Abdul v Salim Mohamed and Another H.C.C.C. No. 823/87 in which Bosire J. awarded Shs.80,000/=. In my view the injuries suffered by the plaintiff in the present case fall within that category of uncomplicated fracture.
I find the award of Shs.80,000/= to be reasonable one and so I give it to this plaintiff as general damages for pain suffering and loss of amenities. I allow special damages Shs.1,100/= with costs and interest is given to the plaintiff against the defendant.