[1985] KEHC 28 (KLR)
The court found that the accident was caused solely by the negligent driving of the defendant's bus driver. The plaintiff's evidence regarding the occurrence of the accident, the injuries sustained, and the resulting loss of income and expenses was accepted as credible and unchallenged. The court assessed special...
Source-derived case information.
- Citation
- [1985] KEHC 28 (KLR)
- Parties
- Plaintiff: Mathi; Defendant: Mitaboni Bus Service
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2973 of 1980
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Negligence, Personal Injury, Damages Assessment, Road Traffic Accidents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathi
Plaintiff
Mitaboni Bus Service
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant was liable in negligence for the accident involving the plaintiff.
- 2 Whether the plaintiff suffered injuries and loss as a result of the defendant's negligence.
- 3 What quantum of damages is appropriate for the injuries and losses sustained by the plaintiff.
Ratio Decidendi
The court found that the accident was caused solely by the negligent driving of the defendant's bus driver. The plaintiff's evidence regarding the occurrence of the accident, the injuries sustained, and the resulting loss of income and expenses was accepted as credible and unchallenged. The court assessed special damages based on actual expenses and loss of earnings, and general damages for pain, suffering, and loss of teeth and function in the right elbow. Judgment was entered for the plaintiff for the total sum of Kshs 25,432, with costs and interest awarded against the defendant.
Court Disposition
judgment for the plaintiff
Orders
- Judgment for the plaintiff for Kshs 25,432 comprising Kshs 432 special damages and Kshs 25,000 general damages.
- Costs awarded to the plaintiff against the defendant.
Full Case Text
Judgment text and source record
8 paragraphs
Mathi v Mitaboni Bus Service
High Court, at Nairobi March 7, 1985
Cockar J
Civil Case No 2973 of 1980
March 7, 1985, Cockar J delivered the following Judgment.
I am satisfied from the evidence of the plaintiff that the accident took place on account of sole negligent driving of the driver of the defendant’s bus KRD 807 in which the plaintiff was a passenger. I accept the plaintiff’s evidence as to the injuries he received in consequence of this accident. I also accept that the plaintiff was unable to do his work as a peasant farmer for the period of 7 days of hospitalisation. In view of his annual earning I assess loss of income for 7 days at Kshs 50 per day out of Kshs 350. I also accept the expenses he incurred in getting his broken tooth removed and his injured eye examined and in transport to get the P 3 form filled. I assess expenses thus incurred at Kshs 982. I assess special damages at Kshs 432 including loss of earnings for 7 days.
The medical report fore passed by Dr Ojiambo on February 2, 1987 after he had examined the plaintiff; more or less confirms the injuries that the plaintiff said in his evidence he had received. The injuries, though painful they must have been, appear to have been more of a superficial nature except for the loss of two incissors in the upper jaw and slight fescor and extensor limitation in the right elbow due to fracture of olecranon bone at the level right elbow. The plaintiff must have suffered a considerable traumatic shock and pain. Keeping all the relevant factors in mind I assess the general damages at Kshs 25,000.
I give judgment for Kshs 25,432 made up of Kshs 432 by way of special damages and Kshs 25,000 general damages. Costs are awarded to plaintiff against defendant. Plaintiff is also awarded interest at court rates from today.