[2000] KEHC 192 (KLR)
The court determined the appropriate compensation for the plaintiff by comparing her injuries to those in previously decided cases, as cited by both parties. The court found that the injuries suffered—ranging from head trauma with loss of consciousness to multiple blunt force and burn injuries—were serious and...
Source-derived case information.
- Citation
- [2000] KEHC 192 (KLR)
- Parties
- Plaintiff: Margaret Aluouch Oduol; Defendant: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1874 of 1993
- Procedural Posture
- Civil Suit / Assessment of Damages After Judgment on Liability
- Outcome
- Judgment for the plaintiff for general and special damages, with costs and interest.
- Legal Topics
- Personal Injury, Assessment of Damages, Special Damages, General Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Aluouch Oduol
Plaintiff
The Attorney General
Defendant
Procedural Posture
Civil Suit / Assessment of Damages After Judgment on Liability
Legal Issues
- 1 What is the appropriate quantum of damages to award the plaintiff for the injuries sustained in the accident.
- 2 Whether the plaintiff is entitled to special damages as claimed.
Ratio Decidendi
The court determined the appropriate compensation for the plaintiff by comparing her injuries to those in previously decided cases, as cited by both parties. The court found that the injuries suffered—ranging from head trauma with loss of consciousness to multiple blunt force and burn injuries—were serious and merited substantial compensation. After considering the authorities and the evidence, the court awarded Kshs. 350,000 as general damages for pain, suffering, and loss of amenities, and Kshs. 1,300 as special damages, having been specifically pleaded and proved. The court also awarded costs of the suit and interest to the plaintiff.
Court Disposition
Judgment for the plaintiff for general and special damages, with costs and interest.
Orders
- Judgment entered for the plaintiff for Kshs. 350,000 as general damages.
- Plaintiff awarded Kshs. 1,300 as special damages.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 1874 OF 1993
MARGARET ALUOUCH ODUOL……………………….PLAINTIFF -VERSUS- THE ATTORNEY GENERAL……..……….……………..DEFENDANT
JUDGEMENT
There is judgement entered in this suit leaving only the assessment of damages.
According to the medical report the plaintiff suffered the following injuries as a result of the accident.
(1) Head injuries and was unconscious for 4 days (2) Whip-lash injury of the neck (3) Burnt chest injury (4) Dislocated right elbow point (5) Severe blunt injury to limbo sacral spine and right hip joint (6) Severe blunt injury to the right shoulder (7) Sprained right knee joint.
She complained of poor memory and headaches.
In support of what damages should be paid for these injuries each side cited cases for campanion.
I have compared the injuries in these cited cases with the plaintiffs injuries and I decided that a sum of Shs.350,000/- shall be adequate compensation.
There will be judgement for the plaintiff for the sum of Kshs.350,000/- and Kshs. 1,300/- as special damages.
The Plaintiff shall have the cost of the suit and interest.
Dated and delivered on 4th October, 2000.
The Plaintiff will have the costs of the suit and interest
Dated and delivered this 6th day of October, 2000.
KASANGA MULWAJUDGE