[2003] KEHC 597 (KLR)
The court found that the defendant's driver was negligent in failing to observe and avoid the plaintiff, who was standing in the middle of the road. The defendant did not appear at the hearing or present evidence to support the allegation of contributory negligence. The plaintiff's evidence, including medical...
Source-derived case information.
- Citation
- [2003] KEHC 597 (KLR)
- Parties
- Plaintiff: Rajabali Manji; Defendant: K.K. Auto Spares
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 96 of 1988
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Negligence, Personal Injury, Road Traffic Accident
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rajabali Manji
Plaintiff
K.K. Auto Spares
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant was negligent in causing the accident that injured the plaintiff.
- 2 Whether the plaintiff contributed to the accident by his own negligence.
- 3 What quantum of damages is appropriate for the injuries sustained by the plaintiff.
Ratio Decidendi
The court found that the defendant's driver was negligent in failing to observe and avoid the plaintiff, who was standing in the middle of the road. The defendant did not appear at the hearing or present evidence to support the allegation of contributory negligence. The plaintiff's evidence, including medical testimony, was accepted as unchallenged. The court concluded that the defendant was liable for the accident and the resulting injuries. The plaintiff was awarded general damages for pain and suffering and special damages for proven expenses, together with costs and interest.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff against the defendant for general damages of KES 350,000.
- Special damages of KES 75,548 awarded to the plaintiff.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 96 OF 1988
RAJABALI MANJI …………………………………………..PLAINTIFF
VERSUS
K.K. AUTO SPARES ……………………………………….DEFENDANT
JUDGMENT
The Plaintiff claims damages for injuries he sustained as a result of being knocked down by a motor vehicle on the 12. 7.1985. The defendant admits that the accident occurred and that its motor vehicle KWT 535 collided with the plaintiff but avers that the accident was due to or contributed to by the plaintiff’s negligence as set out in para 3 of the Defence.
The defendant although served with a hearing notice failed to appear when the suit came on for hearing.
None of the particulars of negligence were proved against the plaintiff.
The plaintiff gave evidence that on the day in question he had left the Mosque on Moi Avenue had crossed over the road and stopped on the white line in the middle of the road before proceeding further when he was hit by a motor vehicle.
The driver of the defendant’s motor vehicle should have seen the plaintiff standing in the middle of the road and should have taken steps to avoid hitting the plaintiff; this he failed to do. In my view the defendant was negligent and I find the particulars of negligence contained on the plaint proved.
With regard to damages the plaintiff suffered from a compression fracture of lumbar/spine.
In his evidence he stated that he now has a problem with sleeping and feels tired. He cannot sit on the floor in the mosque, walk with a stick and cannot drive a car. If he sits on a chair for half an hour it takes some days to recover.
Dr. Heda gave evidence and produced his report dated the 24. 11. 94 and 21. 2.1988.
In his opinion he stated that the compression fracture changed the weight bearing line and gave rise to deformity. He requires physiotherapy. He is unlikely to get better.
There is no doubt the plaintiff suffered a serious back injury and will suffer pain and inconvenience in the future. I access general damages for this in the sum of Shs.350,000/=. Specials were proved in the sum of Shs.75,548. 00. I give judgment for these sums against the defendant together with the costs of the suit and interest at court rates an the specials from the date of the plaint and on the general damages from the date of the judgment.
Delivered at Nairobi this 25th day of March, 2003.
P.J. RANSLEY
JUDGE