[2000] KEHC 126 (KLR)
Liability having been admitted at 100% by the defendant, the court's task was limited to assessing the quantum of damages. The court accepted the medical evidence of the plaintiff's injuries, including a deep facial cut, mild concussion, and soft tissue injuries. The court awarded general damages for pain and...
Source-derived case information.
- Citation
- [2000] KEHC 126 (KLR)
- Parties
- Plaintiff: Martin M. Mugi; Defendant: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 791 of 1999
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- JK Mulwa
- Legal Topics
- Personal Injury, Damages Assessment, Liability Admission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin M. Mugi
Plaintiff
Attorney General
Defendant
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the defendant is liable for the injuries suffered by the plaintiff as a result of the accident.
- 2 What is the appropriate quantum of damages (general, special, and future medical expenses) to be awarded to the plaintiff.
Ratio Decidendi
Liability having been admitted at 100% by the defendant, the court's task was limited to assessing the quantum of damages. The court accepted the medical evidence of the plaintiff's injuries, including a deep facial cut, mild concussion, and soft tissue injuries. The court awarded general damages for pain and suffering, special damages for proven financial loss (including the value of the vehicle), and future medical expenses for recommended cosmetic surgery. The total award was KES 727,735, plus costs and interest.
Court Disposition
Judgment for the plaintiff.
Orders
- The defendant shall pay the plaintiff KES 300,000 as general damages.
- The defendant shall pay the plaintiff KES 427,735 as special damages.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 791 OF 1999
MARTIN M. MUGI…………………………..………………PLAINTIFF -VERSUS- ATTORNEY GENERAL………………………..………DEFENDANT
JUDGMENT
The plaintiff has sued the Attorney General on behalf of Kenya Police for damages and injuries he received as a result of an accident for which he blamed the police. According to the doctor’s reports the plaintiff suffered the following injuries.
(1) A deep extensive cut on the face
(2) A mild concussion
(3) Generalised soft tissue injuries
Liability has been agreed by the parties at 100% against the defendant. A consent to this effect was filed in Court on 26. 7.1999. For general damages as compensation for these injuries I award the sum of Shs.300,000/- as general damages. The doctor has suggested that the defendant will need to undergo cosmetic surgery which will cost Shs.100,000/- to reconstruct the facial scar. I accept that the plaintiff should be paid this sum.
As for special damages, I hold that the plaintiff is entitled to the sum of Shs.423,500/- which was the value of the vehicle less the salvage value. She is also entitled to the other specials which were proved so that the total amount payable as special damages is Shs.427,735/- There will therefore be judgment for the plaintiff as follows:
(1) For general damages Shs.300,000/-
(2) For special damages Shs.427,735/-
(3) For future treatment Shs.100,000/-
Total Shs.727,735/-
The plaintiff shall be entitled to the cost of the suit together with interest.
Delivered and dated at Nairobi this 24th day of January, 2000.
KASANGA MULWA
JUDGE