[2001] KEHC 528 (KLR)
The court entered judgment by consent of the parties, holding the defendants jointly and severally liable to the plaintiff for general and special damages. The plaintiff conceded 15% liability, which was deducted from the total damages. The net sum of Ksh.160,786 was awarded to the plaintiff against both defendants....
Source-derived case information.
- Citation
- [2001] KEHC 528 (KLR)
- Parties
- Plaintiff: Rogers Machiwa Etale; Defendant: Joachim Samwell Lema; Defendant: Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2883 of 1997
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment entered for the plaintiff against the defendants jointly and severally for Ksh.160,786, with a 30-day stay of execution.
- Legal Topics
- Personal Injury, Damages Quantification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rogers Machiwa Etale
Plaintiff
Joachim Samwell Lema
Defendant
Another
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants are jointly and severally liable to the plaintiff for damages arising from the claim.
- 2 What is the appropriate quantum of general and special damages to be awarded to the plaintiff.
Ratio Decidendi
The court entered judgment by consent of the parties, holding the defendants jointly and severally liable to the plaintiff for general and special damages. The plaintiff conceded 15% liability, which was deducted from the total damages. The net sum of Ksh.160,786 was awarded to the plaintiff against both defendants. The court recognized the binding nature of consent judgments and the parties' agreement on both liability and quantum. A stay of execution for 30 days was granted to allow compliance with the judgment. The judgment on liability had previously been entered by the Principal Deputy Registrar, and the present judgment addressed the quantum of damages as agreed by the parties.
Court Disposition
Judgment entered for the plaintiff against the defendants jointly and severally for Ksh.160,786, with a 30-day stay of execution.
Orders
- Judgment be and is hereby entered as prayed in the above consent.
- Judgment on liability was entered on 21.7.2000 by the Principal Deputy Registrar.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA CIVIL CASE NO. 2883 OF 1997
ROGERS MACHIWA ETALE …………………..………. PLAINTIFF VERSUS JOACHIM SAMWELL LEMA & ANOTHER ……… DEFENDANTS
JUDGMENT
“By consent, judgment be and is a hereby entered against the defendants jointly and severally:-
General Damages Kshs.180,000/-
Special Damages Ksh. 9,160/-
Total Ksh.189,160/-
Less 15% Conceeded by Plaintiff Ksh. 28,374/-
Net Total Ksh.160,786/-
There be stay of execution of 30 days from to-day.”
Signed M.Ang’awa Mrs. M.P. Ameka Ms N.Assumani Judge for Ameka & Co. For Mbatia &Co Advocates Advocates for Plaintiff Defendant Consent Application granted.
Order:
Judgment be and is hereby entered as prayed in the above consent.
For ease of clarification, Judgment on liability was entered on 21. 7.2000 by the Principal Deputy Registrar Mr. Bhatt.
Judgment on quantum is entered to-day 30. 4.01 at a net total to Ksh.160,786/- jointly and severally against both defendants.
Dated this 30th day of April, 2001 at Nairobi.
M.A. ANG’AWA JUDGE