[2004] KEHC 2368 (KLR)
The court found that the plaintiff had proved special damages only to the extent of the medical report receipt for KES 3,000, as no other documentary evidence was produced. For general damages, the court considered the nature and extent of the injuries, the period of hospitalization, and comparable case law,...
Source-derived case information.
- Citation
- [2004] KEHC 2368 (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 subject to 20% contributory negligence
- Legal Topics
- Personal Injury, Employer Liability, Special Damages, General Damages
- 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 special and general damages for injuries sustained in the course of employment.
- 2 Whether the evidence produced supports the claims for special damages.
- 3 What is the appropriate quantum of general damages for pain and suffering.
Ratio Decidendi
The court found that the plaintiff had proved special damages only to the extent of the medical report receipt for KES 3,000, as no other documentary evidence was produced. For general damages, the court considered the nature and extent of the injuries, the period of hospitalization, and comparable case law, awarding KES 600,000 for pain and suffering. After applying the agreed 20% contributory negligence, the net award to the plaintiff was KES 482,400, plus costs and interest.
Court Disposition
judgment for the plaintiff subject to 20% 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
27 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.