[2019] KEHC 3292 (KLR)
The court found that the trial court's award of general damages was neither excessively high nor manifestly too low in light of the injuries suffered by the appellant. The appellate court determined that the authorities cited by the appellant involved more serious or multiple injuries and were not directly...
Source-derived case information.
- Citation
- [2019] KEHC 3292 (KLR)
- Parties
- Appellant: Paul Moru Lomolen; Respondent: Florence Kapten
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 45 of 2015
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- HK Chemitei
- Legal Topics
- Personal Injury, Road Traffic Accident, Assessment of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Moru Lomolen
Appellant
Florence Kapten
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the award of general damages by the trial court was manifestly too low given the injuries sustained by the appellant.
- 2 Whether the appellate court should interfere with the trial court's assessment of damages.
Ratio Decidendi
The court found that the trial court's award of general damages was neither excessively high nor manifestly too low in light of the injuries suffered by the appellant. The appellate court determined that the authorities cited by the appellant involved more serious or multiple injuries and were not directly comparable. The court concluded that there was no justification to interfere with the trial court's assessment of damages, as the award was within reasonable limits and based on relevant considerations.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
CIVIL APPEAL NO. 45 OF 2015
(An appeal arising from Judgement and Decree in Kitale
CMCC Case No. 138 of 2014 delivered by Hon. C. C. Kipkorir RM)
PAUL MORU LOMOLEN.........................................................APPELLANT
VERSES
FLORENCE KAPTEN..........................................................RESPONDENT
J U D G E M E N T
1. The appellant herein filed suit at the lower court seeking interalia general and special damages pursuant to a road traffic accident that occurred on the 15th June 2013 along Kitale – Bungoma road near museum junction involving the appellant who was a motor cycle rider and the Respondent who was driving motor vehicle registration number KAC 220K . The appellant was riding motor cycle registration number KMCY 911W.
2. As a result of the said accident the said accident the appellant sustained the following injuries:
a. The right leg was swollen and tender and
b. fracture of the right tibia and fibula
3. The respondent filed her defence denying the claim and shifted liability against the appellant.
4. When the matter came up for hearing the parties recorded consent on liability where the appellant shouldered 20% and the respondent 80%. The trial court thereafter awarded general damages to the appellant of Ksh 400000.
5. The appellant was dissatisfied with the said award hence this appeal which is basically premised on the fact that the award was too low in the circumstances considering the nature of the injuries sustained by the appellant.
6. The parties were advised to dispose the appeal by way of written submissions which I have had the occasion to peruse the same as well as the attached list of authorities.
7. It’s now trite law that this court will interfere with the findings of the trail court if the award was excessive or manifestly too low or if it took into account extraneous matters in arriving at its findings.
8. Taking into account that the question of liability has been determined the issue therefore is whether the sum awarded to the appellant was too low as he claims in his ground of appeal.
9. Considering the injuries suffered by the appellant and the authorities relied by the trial court I respectfully disagree with the appellant herein. The authorities indicated that the injuries were serious in nature compared with those suffered by the appellant. In any case the same were almost of similar period to that of the appellant.
10. The authorities relied on by the appellant were way beyond what the appellant suffered and the injuries were more serious and infact multiple in the circumstances.
11. Consequently this court is satisfied that the trial court's award was neither too high nor too low in the circumstances. This court shall not interfere with the same.
12. The appeal is dismissed with no order as to cost.
Dated, signed sealed and delivered in open court this 13th day of May, 2019.
..............................
H.K CHEMITEI
JUDGE
13/5/19
In the presence of:
Parties – Absent
Court Assistant – Kirong
Judgment signed in open court.