[2023] KEHC 21088 (KLR)

[2023] KEHC 21088 (KLR)

The High Court, exercising its appellate jurisdiction, found that the trial court's award of Ksh 700,000 in general damages for the respondent's injuries (fracture of the left tibia and fibula, mild head injury, blunt chest injury, and cut on the head) was inordinately excessive and not in line with comparable...

Source-derived case information.

Citation
[2023] KEHC 21088 (KLR)
Parties
Appellant: Mbonde Miliki Mbaraka; Respondent: Anthony Muisya Mutunga
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
10 July 2023
Case Number
Civil Appeal 98 of 2022
Procedural Posture
Civil Appeal / First Appellate Judgment
Outcome
Appeal allowed in part; quantum of damages reduced.
Judges
DKN Magare
Legal Topics
Assessment of Damages, Personal Injury, Quantum of Damages, Future Medical Expenses, Special Damages, Contributory Negligence
Source Language
english
Tort Law Civil Procedure Assessment of Damages Personal Injury Quantum of Damages Future Medical Expenses Special Damages Contributory Negligence

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Summary, issues, holding and outcome

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Parties

Mbonde Miliki Mbaraka

Appellant

Anthony Muisya Mutunga

Respondent

Procedural Posture

Civil Appeal / First Appellate Judgment

Legal Issues

  1. 1 Whether the trial court erred in its assessment of general damages for personal injuries sustained by the respondent.
  2. 2 Whether the award for special damages and future medical expenses was properly pleaded and proved.
  3. 3 Whether the appellate court should interfere with the trial court's discretion in awarding damages.

Ratio Decidendi

The High Court, exercising its appellate jurisdiction, found that the trial court's award of Ksh 700,000 in general damages for the respondent's injuries (fracture of the left tibia and fibula, mild head injury, blunt chest injury, and cut on the head) was inordinately excessive and not in line with comparable authorities, especially considering the 8% permanent partial disability and the healing of the injuries. The court held that while the trial court has discretion in assessing damages, such discretion must be exercised judiciously and with regard to comparable awards and prevailing economic conditions. The court also found that the award of special damages for witness attendance was...

Court Disposition

Appeal allowed in part; quantum of damages reduced.

Orders

  • The award of general damages is set aside and substituted with Ksh 550,000.
  • Special damages awarded at Ksh 2,550.