[2005] KEHC 472 (KLR)
The court found that the plaintiff had proved his case on a balance of probabilities, having provided evidence of the injuries suffered and receipts for special damages. The defendants, though properly served, failed to participate in the proceedings. The court held the defendants jointly and severally liable for...
Source-derived case information.
- Citation
- [2005] KEHC 472 (KLR)
- Parties
- Plaintiff: Mohamed Aden Abdi; Defendant: Abdi N. Omar; Defendant: Ali Mohamed Haji t/a Delta Haulage Services
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 304 of 1999
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Personal Injury, Negligence, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Aden Abdi
Plaintiff
Abdi N. Omar
Defendant
Ali Mohamed Haji t/a Delta Haulage Services
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants are liable for the injuries suffered by the plaintiff as a result of the accident.
- 2 Whether the plaintiff is entitled to special and general damages for the injuries sustained.
Ratio Decidendi
The court found that the plaintiff had proved his case on a balance of probabilities, having provided evidence of the injuries suffered and receipts for special damages. The defendants, though properly served, failed to participate in the proceedings. The court held the defendants jointly and severally liable for the accident and the resulting injuries. Judgment was entered for the plaintiff for both special and general damages, plus costs and interest, as the evidence was uncontroverted and liability established.
Court Disposition
judgment for the plaintiff
Orders
- The defendants are jointly and severally liable for the injuries suffered by the plaintiff.
- The plaintiff is awarded special damages of KSh.367,005/=.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU
Civil Case 304 of 1999
MOHAMED ADEN ABDI …………………….......................................…………………. PLAINTIFF
VERSUS
ABDI N. OMAR ……………………………………….......................…………… 1ST DEFENDANT
ALI MOHAMED HAJIT/A DELTA HAULAGE SERVICES…………………. 2ND DEFENDANT
JUDGMENT
According to the amended plaint dated 26th November 2002, the plaintiff suffered the following injuries:
1)Blunt injury to the chest causing injury to the ribs.
2)Laceration wound in the anterior aspect on both legs.
3)Spinal injury with crush fracture of T12.
4)Kidney injury.
The defendant filed defence but did not participate in the proceedings due to the absence of its Advocate. On 24th March 2004 I allowed the plaintiff to proceed with the hearing after being satisfied with the return of service filed in Court showing that the defendant was properly served through his Advocate who is on record. The matter proceeded exparte and the plaintiff tendered evidence in support of his claim on the plaint. Mr. P. J. Otieno urged me to award a sum of KSh.367,000/= as special damages and a further sum of KSh. 1 million as general damages for pain, suffering, and loss of amenities.
Having considered the matter I am satisfied that the plaintiff has proved his case against the defendant. The plaintiff presented receipts to show that he has incurred the sum of KSh.367,000/=. And in the circumstances I find the second defendant is wholly liable for the accident that caused the injuries of the plaintiff, therefore I hold the defendants liable jointly and severally for the injuries suffered by the plaintiff.
In the premises I enter judgment for the plaintiff against the defendant the defendant as hereunder
a)special damages of KSh.367,005/=.
b)General damages of KSh.550,000/=.
c)Plus costs and interests at Court rate.
Delivered and Dated at Kisumu this 29th day of April 2005.
M. WARSAME
JUDGE
29. 04. 2005
Mr. Yogo for the plaintiff.
No appearance for the defendants
Collins Court Clerk
Judgment read in Chambers.
M. Warsame
JUDGE