[2025] KEHC 4942 (KLR)

[2025] KEHC 4942 (KLR)

The High Court found that the trial court failed to consider a relevant factor—namely, the appellant's 20% permanent disability—when awarding general damages for personal injury. The trial court relied on an authority where there was no permanent disability, making the comparison inappropriate. Upon reviewing comparable case law and the nature of the appellant's injuries, the High Court determined that the award of Ksh.500,000 was inordinately low and did not adequately compensate the appellant for her injuries and permanent incapacity. The court therefore set aside the trial court's award and substituted it with an award of Ksh.620,000, finding this amount to be fair and consistent with...

Citation
[2025] KEHC 4942 (KLR)
Parties
Appellant: Rose Akoyo Omery; Respondent: Tiida Wesley Matara
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 April 2025
Case Number
Civil Appeal E877 of 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed in part. Award of general damages enhanced.
Judges
JN Njagi
Legal Topics
Personal Injury, Assessment of Damages, Road Traffic Accidents
Source Language
English
Tort Law Personal Injury Assessment of Damages Road Traffic Accidents

Case Brief

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Parties

Rose Akoyo Omery

Appellant

Tiida Wesley Matara

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in law and fact in assessing general damages for personal injury and arrived at an inordinately low award.
  2. 2 Whether the trial court failed to consider relevant evidence and submissions in determining the quantum of damages.

Ratio Decidendi

The High Court found that the trial court failed to consider a relevant factor—namely, the appellant's 20% permanent disability—when awarding general damages for personal injury. The trial court relied on an authority where there was no permanent disability, making the comparison inappropriate. Upon reviewing comparable case law and the nature of the appellant's injuries, the High Court determined that the award of Ksh.500,000 was inordinately low and did not adequately compensate the appellant for her injuries and permanent incapacity. The court therefore set aside the trial court's award and substituted it with an award of Ksh.620,000, finding this amount to be fair and consistent with...

Court Disposition

Appeal allowed in part. Award of general damages enhanced.

Orders

  • The award of Ksh.500,000 in general damages by the trial court is set aside and substituted with an award of Ksh.620,000.
  • Each party to bear their own costs of the appeal.