[2000] KEHC 176 (KLR)
The court found that the plaintiff sustained multiple injuries, including a cerebral concussion and dislocation of the left wrist, as a result of the defendants' actions. Based on the evidence and medical reports, the court apportioned liability at 70% against the 1st and 2nd defendants and 30% against the 3rd and...
Source-derived case information.
- Citation
- [2000] KEHC 176 (KLR)
- Parties
- Plaintiff: Roseline O. Owino; Defendant: Care International in Kenya; Defendant: Chepkok Toroitich; Defendant: Fredrick Radul; Defendant: Patricia Radul
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2657 of 1989
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff with damages awarded and liability apportioned among defendants.
- Legal Topics
- Personal Injury, Apportionment of Liability, Assessment of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Roseline O. Owino
Plaintiff
Care International in Kenya
Defendant
Chepkok Toroitich
Defendant
Fredrick Radul
Defendant
Patricia Radul
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendants are liable for the injuries sustained by the plaintiff.
- 2 How liability should be apportioned among the defendants.
- 3 What quantum of damages is appropriate for the injuries sustained.
Ratio Decidendi
The court found that the plaintiff sustained multiple injuries, including a cerebral concussion and dislocation of the left wrist, as a result of the defendants' actions. Based on the evidence and medical reports, the court apportioned liability at 70% against the 1st and 2nd defendants and 30% against the 3rd and 4th defendants. The court awarded KES 400,000 as general damages and KES 1,600 as special damages, to be paid by the defendants in accordance with their respective proportions of liability. Costs of the suit and interest were also awarded to the plaintiff.
Court Disposition
Judgment for the plaintiff with damages awarded and liability apportioned among defendants.
Orders
- General damages of KES 400,000 awarded to the plaintiff.
- Special damages of KES 1,600 awarded to the plaintiff.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 2657 OF 1989
ROSELINE O. OWINO………….…………………………….PLAINTIFF -VERSUS- CARE INTERNATIONAL IN KENYA……………………………1ST DEFENDANT CHEPKOK TOROITICH…………………………………………..2ND DEFENDANT FREDRICK RADUL……………………………………………….3RD DEFENDANT PATRICIA RADUL………………………………………………...4TH DEFENDANT
JUDGMENT
Liability
Judgement on liability has been entered in terms of 70% against the 1st, 2nd defendants and 30% against the 3rd and 4th defendants.
Damages
In assessing damages, I take into account the injuries sustained by the Plaintiff which according to the doctors report are:
(1) Multiple injuries with a cerebral concussion
(2) Dislocation of the left wrist
(3) She is said to run the risk of developing epileptic fits.
I have considered the cases cited by the parties in support of each sides case and I award the sum of Ksh.400,000/- as general damages. The plaintiff shall be paid the special damages of Shs.1,600/- together with the costs of the suit and interest.
These sums shall be paid by the defendants in accordance with the proportions of their percentages of liabilities.
Delivered and dated this 25th day of July, 2000.
KASANGA MULWA
JUDGE