[2004] KEHC 2099 (KLR)
The court found that the plaintiff was entitled to damages for injuries sustained in the course of employment, as liability had already been apportioned by consent at 80% in his favour. The only special damages proved was KES 3,000 for a medical report, as no other receipts were produced. The court considered the...
Source-derived case information.
- Citation
- [2004] KEHC 2099 (KLR)
- Parties
- Plaintiff: Philip Kipkemoi Ngeno; Defendant: Modern Const. Builders & Contractors Ltd
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 47 of 1999
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff with damages awarded subject to contributory negligence.
- Judges
- K Bauni
- Legal Topics
- Personal Injury, Employer Liability, Road Traffic Accident
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kipkemoi Ngeno
Plaintiff
Modern Const. Builders & Contractors Ltd
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to damages for injuries sustained in the course of employment as a result of a road traffic accident.
- 2 What is the appropriate quantum of special and general damages to be awarded to the plaintiff.
Ratio Decidendi
The court found that the plaintiff was entitled to damages for injuries sustained in the course of employment, as liability had already been apportioned by consent at 80% in his favour. The only special damages proved was KES 3,000 for a medical report, as no other receipts were produced. The court considered the medical evidence, which confirmed serious injuries including a fractured femur, head injuries, and dental loss, but noted that the plaintiff had healed without marked permanent disability. Relying on comparable case law, the court awarded KES 600,000 as general damages for pain and suffering. After deducting 20% contributory negligence, the net award was KES 482,400 plus costs...
Court Disposition
Judgment for the plaintiff with damages awarded subject to contributory negligence.
Orders
- Plaintiff awarded KES 3,000 as special damages.
- Plaintiff awarded KES 600,000 as general damages for pain and suffering.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII CIVIL CASE NO.47 OF 1999
PHILIP KIPKEMOI NGENO …………………………………………. PLAINTIFF
VERSUS
MODERN CONST. BUILDERS & CONTRACTORS LTD ……… RESPONDENT
JUDGMENT
PHILIP KIPKEMOI NGENO the plaintiff was employed by MODERN COAST BUILDERS & CONTRACTOR LTD the defendant as a turn boy. On 2nd September 1998 he was travelling in the defendants m/v KAG 556K a lorry from Tombe Tea factory to Mombasa. The lorry was carrying tea. Before reaching Kericho the vehicle overturned. Plaintiff was injured and admitted to Kericho Nursing Home for 2½ months.
Judgment was entered by consent and liability settled at 80% - 20% in favour of the plaintiff. What is at issue now is damages.
Plaintiff gave evidence. The only receipt produced to prove special damages claim is one for shs.3000/= for medical report. No documents produced to prove the other claims. I will therefore award shs.3000/= special damages.
Two medical reports were produced and both concur on the injuries suffered by the plaintiff. He suffered head injuries and was unconscious for two days. He had a fracture of the femur. He was in hospital for over 2½ months. The injuries are now healed with no marked permanent disability. However the injuries were not minor and the plaintiff suffered for all that period he was in hospital. He lost one tooth and others are loose.
In the case of MUKESH PARMER & ANOTHER VR KENYA TRANSPORTERS NBI HCCC.NO.861 OF 1991 plaintiff was in coma for 2 months. In this case he was in coma for 2 days. He lost one tooth. I feel a sum of shs.600,000/- is fair sum for pain and suffering and I award the same.
In the circumstances I enter judgment for the plaintiff against defendant as follows:
1. Special damages ………….. shs. 3,000/=
2. General damages ………….. shs.600,000/=
Total shs.603,000/=
Less 20% contribution 120,600/=
Total 482,400/=
The plaintiff will also have costs of the suit and interest.
It is so ordered.
Signed, dated and delivered at Kisii on 22nd March 2004.
KABURU BAUNI
JUDGE.
22. 3.04
Mr. Soire H/B for Gross for Defendant N/A for plaintiff.
KABURU BAUNI
JUDGE