[2023] KEHC 18093 (KLR)
The court found that the trial court's award of Kshs. 700,000 in general damages was inordinately low given the nature and extent of the appellant's injuries. Guided by comparable precedents and the submissions of both parties, the court reassessed the damages and awarded Kshs. 2,000,000 for pain and suffering,...
Source-derived case information.
- Citation
- [2023] KEHC 18093 (KLR)
- Parties
- Appellant: Peter Orwa Okidi; Respondent: Fanaka Merchant’S Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E377 of 2021
- Procedural Posture
- Civil Appeal / Assessment of Damages After Appeal Judgment
- Outcome
- Appeal allowed in part; damages reassessed and increased.
- Judges
- AN Ongeri
- Legal Topics
- Assessment of Damages, Personal Injury, General Damages, Future Medical Expenses, Loss of Future Earnings, Special Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Orwa Okidi
Appellant
Fanaka Merchant’S Limited
Respondent
Procedural Posture
Civil Appeal / Assessment of Damages After Appeal Judgment
Legal Issues
- 1 What is the appropriate quantum of general damages for pain and suffering sustained by the appellant.
- 2 What is the proper amount for loss of future earnings and future medical expenses.
- 3 Whether the trial court's award of Kshs. 700,000 in general damages was appropriate.
Ratio Decidendi
The court found that the trial court's award of Kshs. 700,000 in general damages was inordinately low given the nature and extent of the appellant's injuries. Guided by comparable precedents and the submissions of both parties, the court reassessed the damages and awarded Kshs. 2,000,000 for pain and suffering, Kshs. 4,134,648 for loss of future earnings, Kshs. 2,000,000 for future medical expenses, and Kshs. 70,000 for replacement of teeth. The total award of Kshs. 8,204,648 was deemed fair and reasonable in the circumstances, with interest and costs to the appellant.
Court Disposition
Appeal allowed in part; damages reassessed and increased.
Orders
- Judgment entered in favour of the appellant against the respondent for Kshs. 8,204,648.
- The appellant is awarded costs of the suit and interest at court rates from 4/6/2021 until payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
Okidi v Fanaka Merchant’S Limited (Civil Appeal E377 of 2021) [2023] KEHC 18093 (KLR) (2 June 2023) (Assessment)
Neutral citation: [2023] KEHC 18093 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil Appeal E377 of 2021
AN Ongeri, J
June 2, 2023
Between
Peter Orwa Okidi
Appellant
and
Fanaka Merchant’S Limited
Respondent
(Being an appeal from the judgment and decree of Hon. D. M. KIVUTI (PM) in Milimani CMCC no. 8038 of 2018 delivered on 4/6/2021)
Assessment
Assessment of Damages 1. The court delivered a judgment on 5/5/2023 setting aside an award of kshs.700,000 in respect of general damages awarded by the trial court.
2. I have considered the submissions relied upon by both parties.
3. The appellant relied on the case of Ngure Edward Karegu vs Yusuf Doran Nassir (2014) e KLR where the plaintiff was awarded 5,000,000 for similar injuries.
4. On loss of future earnings the appellant proposed 4,134,648 worked out as follows 24,611x14x12=4,134,648
5. On the issue of future medical expenses, the appellant proposed kshs.2,000,000/=.
6. The respondent relied on the case of Njau Nyanjui Thitu & Another vs Lawrence Kimani Nyanjui & 7 others(2007) e KLR where the plaintiff was awarded general damages of kshs.520,000 for spine injuries.
7. I award general damages and special damages as follows;i.General damages for pain & suffering 2,000,000ii.Loss of future earning 4,134,648iii.Future medical expenses 2,000,000iv.Replacement of teeth 70,000Total 8,204,648
8. Judgment be and is hereby entered in favour of the appellant against the respondent in the sum of ksh.8,204,648/= together with costs of this suit and interest at court rates from the date of the original judgment (4/6/2021) until payment in full.
9. Orders to issue accordingly.
DATED, SIGNED AND DELIVERED ONLINE VIA FULL MICROSOFT TEAMS AT NAIROBI THIS 2ND DAY OF JUNE, 2023. ..................A. ONGERIJUDGEIn the presence of:……………………………. for the Appellant……………………………. for the Respondent