[2000] KEHC 196 (KLR)
The court found that the plaintiff had proved, through medical evidence and unchallenged testimony, that he suffered significant injuries resulting in pain, suffering, and incapacity to work for 29 months. The court considered comparable awards in similar cases and determined that KES 400,000 was reasonable for...
Source-derived case information.
- Citation
- [2000] KEHC 196 (KLR)
- Parties
- Plaintiff: Samson Kamau Ngahu; Defendant: Gicheru Maina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1640 of 1997
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- JK Mulwa
- Legal Topics
- Personal Injury, General Damages, Loss of Earnings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Kamau Ngahu
Plaintiff
Gicheru Maina
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to general damages for pain and suffering as a result of injuries sustained.
- 2 Whether the plaintiff is entitled to damages for loss of earnings due to incapacity caused by the injuries.
- 3 Whether the plaintiff is entitled to special damages as pleaded.
Ratio Decidendi
The court found that the plaintiff had proved, through medical evidence and unchallenged testimony, that he suffered significant injuries resulting in pain, suffering, and incapacity to work for 29 months. The court considered comparable awards in similar cases and determined that KES 400,000 was reasonable for general damages. For loss of earnings, the court accepted the plaintiff's evidence of daily wage and period of incapacity, awarding KES 116,000. Special damages of KES 61,684 were awarded as specifically pleaded and proved. The total award was KES 577,684, with costs and interest to the plaintiff.
Court Disposition
Judgment for the plaintiff.
Orders
- Plaintiff awarded KES 400,000 as general damages for pain and suffering.
- Plaintiff awarded KES 116,000 for loss of earnings.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 1640 OF 1997
SAMSON KAMAU NGAHU…………………….…………………… PLAINTIFF -VERSUS- GICHERU MAINA……………………………………………………..DEFENDANT
JUDGEMENT
Liability:
There was an interlocutory judgement entered on 18. 11. 97 which has not been
QUANTUM The Plaintiff gave evidence that he sustained injuries on both legs. Dr. Costa Mariwa gave evidence which confirmed the injuries suffered by the plaintiff. His report give details of these injuries. The Plaintiff cited three cases in support of his claim for a sum of Shs.500,000/- as General Damages. I have considered the award in this cases and find that the um of shs.400,000 as damages is reasonable.
For loss of earning Plaintiff was earning Shs.250 per day as a casual worker with the Breweries Limited where he worked 6 days a week. He was not able to walk properly up to 1996. In March 2000 is when he got some employment. He was in a wheel chair and crutches up to December 1995. He was not therefore able to work for 29 months. He had therefore lost Shs.116,000/- and I would award this sum.
There will be judgment for the plaintiff as follows:
General Damages
For Pain and Suffering Shs.400,000
Loss of earning Shs.116,000
Special Damages Shs. 61,684
Total Shs. 577,684
The Plaintiffs shall have the cost of the suit and interests.
Dated and delivered this 4th day of October, 2000.
KASANGA MULWA
JUDGE