[2008] KEHC 1105 (KLR)
The court found that the plaintiff had proved special damages to the extent of the receipts produced and compliant with the Stamp Duty Act. The court accepted medical expenses of Kshs 98,470, towing charges of Kshs 9,000, and assessment fees of Kshs 2,500, totaling Kshs 109,970. Other claimed amounts were rejected...
Source-derived case information.
- Citation
- [2008] KEHC 1105 (KLR)
- Parties
- Plaintiff: Patrick Mwenda Bucha; Defendant: Raphael Mainka Ole Seya; Defendant: Stimvak Services International
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1091 of 2002
- Procedural Posture
- Civil Suit / Further Judgement
- Outcome
- judgement for the plaintiff on proved special damages; costs awarded as per main judgement
- Legal Topics
- Motor Vehicle Accident, Personal Injury, Material Damage, Vicarious Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Mwenda Bucha
Plaintiff
Raphael Mainka Ole Seya
Defendant
Stimvak Services International
Defendant
Procedural Posture
Civil Suit / Further Judgement
Legal Issues
- 1 Whether the plaintiff proved special damages as required by law.
- 2 Whether the defendants are jointly and severally liable for the accident and resulting losses.
- 3 Whether the plaintiff is entitled to general and special damages for pain, suffering, and material loss.
Ratio Decidendi
The court found that the plaintiff had proved special damages to the extent of the receipts produced and compliant with the Stamp Duty Act. The court accepted medical expenses of Kshs 98,470, towing charges of Kshs 9,000, and assessment fees of Kshs 2,500, totaling Kshs 109,970. Other claimed amounts were rejected for lack of proof or non-compliance with statutory requirements. Liability had already been determined at 100% against the defendants, jointly and severally, with the second defendant vicariously liable. The court awarded the proved special damages and costs to the plaintiff.
Court Disposition
judgement for the plaintiff on proved special damages; costs awarded as per main judgement
Orders
- Plaintiff awarded Kshs 109,970 as proved special damages.
- Costs to be as in the main judgement.
Full Case Text
Judgment text and source record
76 paragraphs
1. Running Down Cause/T`ort
2. Motor vehicle collision between two vehicles
3. Driver male adult aged 37½ years old in 2001
4. Injuries
(a) Fracture of right side ribs
5. Material loss Damage
Pre accident value of motor vehicle Kshs.335,000/=
Less salvage value Kshs.65,000/= - Kshs.270,000/=
6. Liability 100% against the defendant 1 and 2
Jointly and severally with defendant No 2 being vicariously liable.
Defendant No 1 interlocutory judgement DR (20 June 2003)
Defendant No 2 Consent judgement of parties (23 January 2007)
7. Quantum
I General Damages
(a) Pain and suffering Kshs 100,000/=
II Material loss damage
(a) Pre accident make Kshs 335,000/=
(b) Less salvage value Kshs 65,000/=
Kshs 270,000/=
III Special Damages
A Abandoned
(a) Loss of user Kshs 75,000/=
(b) Storage charges 12. 12. 01
to 30. 6.02 Kshs 75,000/=
B Stamp Duty now produced proved.
(a) Towing charges Kshs 9,000/= proved
(b) Assessment fee Kshs 2,500/= proved
(c ) Medical report Kshs.2,000/= proved
(d) Medical expenses Kshs 119,240. 85
only Kshs 98,470 proved
Total proved Kshs 100,970/=
C Police abstract fee Kshs 100/= abandoned
8. Case Law
(a) Hahn v Singh (1985) KLR 716 (KAK)
(b) Eliud Ndegwa Mureithi v Louis Mbau Rukungu (HCCC 1849/99)
Unreported Ang’awa, J.
9. Statute
Stamp Duty Act Cap.480
10. Advocate:
P.Kairaria instructed by P. Kairaria & Co. Advocates for the plaintiff – present
Mbugua Atudo instructed by Mbugwa Atundo & Macharia Co. Advocates for the defendant.- absent
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CIVIL SUIT NO.1091 OF 2002
PATRICK MWENDA BUCHA ……………………..………….PLAINTIFF
VERSUS
RAPHAEL MAINKA OLE SEYA ………………….…..1ST DEFENDANT
STIMVAK SERVICES INTERNATIONAL…...…....….2ND DEFENDANT
FURTHER JUDGEMENT
I Background
1. This running down cause was finalized on 30 January 2007. It involved a motor vehicle collision between two vehicles. The plaintiff then aged 37 ½ sustained injuries and judgement was entered in his favour together with damages on material loss to the motor vehicle.
2. The judgement on Special Damages was subject to compliance of the expenses proved on the payment of the required penalties towards the stamp duties as provided for under the Stamp Duty Act Cap 480 Section 20.
3. The plaintiff returns to court and presents to me the receipts duly presented to the collection of Stamp Duty and that had no revenue stamp paid on it.
4. I am satisfied that the following payments are not proved:-
(i) Towing charges Kshs 9,000/=
(ii) Assessment fee Kshs 2,500/=
But (iii) medical report fee not proved Kshs2,000/=
and partial medical expenses were not proved.
The medical expenses was Ksh.119,240. 85.
I have only Ksh. 98,470/= receipts
Total Ksh. 18,870/85 not
proved.
I accept medical expenses of Kshs 98,470/= only. The rest is hereby rejected. A third party was paying Nairobi hospital bill and will not be taken into account.
I enter judgement for the plaintiff on the proved further spent damages of
Towing charges Kshs.9,000/=
Assessment fees Kshs.2,5000/=
Proved medical
Expenses Kshs.98,470/=
Kshs.109,970/=
I award the cost to be the costs in the main judgement.
Dated this 26 day of September 2008 at Nairobi.
M. A. ANG’AWA
JUDGE
P.Kairaria instructed by P. Kairaria & Co. Advocates for the plaintiff – present
Mbugua Atudo instructed by Mbugwa Atundo & Macharia Co. Adovcates for the defendant.- absent