[2000] KEHC 178 (KLR)
The court, having found liability fully in favour of the Plaintiff, assessed general damages at Kshs.600,000 based on the injuries described in the medical reports and by comparing with awards in similar cases. Special damages were awarded at Kshs.1,600 as specifically pleaded and proved. The total award is...
Source-derived case information.
- Citation
- [2000] KEHC 178 (KLR)
- Parties
- Plaintiff: Samuel Kiplangat; Defendant: Peter Ondari Omaya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2481 of 1997
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the Plaintiff for Kshs.601,600 in general and special damages, plus costs and interest.
- Legal Topics
- Personal Injury, Assessment of Damages, Liability, Special Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kiplangat
Plaintiff
Peter Ondari Omaya
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 What is the appropriate quantum of general and special damages payable to the Plaintiff for injuries suffered in the accident.
Ratio Decidendi
The court, having found liability fully in favour of the Plaintiff, assessed general damages at Kshs.600,000 based on the injuries described in the medical reports and by comparing with awards in similar cases. Special damages were awarded at Kshs.1,600 as specifically pleaded and proved. The total award is Kshs.601,600, with costs and interest to the Plaintiff.
Court Disposition
Judgment for the Plaintiff for Kshs.601,600 in general and special damages, plus costs and interest.
Orders
- The Plaintiff is awarded Kshs.600,000 as general damages.
- The Plaintiff is awarded Kshs.1,600 as special damages.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI HIGH COURT CIVIL CASE NO. 2481 OF 1997
SAMUEL KIPLANGAT………………………………….PLAINTIFF -VERSUS- PETER ONDARI OMAYA……………….……………DEFENDANT
JUDGMENT
Liability has been agreed upon at 100% in favour of the Plaintiff in this case. What is left is the assessment of damages payable. In assessing the damages the Plaintiff relies on the medical reports by the doctors who examined the Plaintiff. There are two reports by Dr. Wambugu who describes the injuries suffered by the Plaintiff as a result of the accident.
The Plaintiff cited two cases in support of his claims. I have considered these two cases being HCCC No. 1051 of 1989 CHARLES NDIRANGU vs. JOHN NDIRITU MGIRU in Nairobi and HCCC No. 209 of 1996 JAMES MACHARIA MUREITHI vs. GEOFFREY GATERI in Nakuru.
Comparing the injuries suffered by the Plaintiff and those in these two cases, I have come to the conclusion that for General Damages a sum of Kshs.600,000/- will be adequate.
For Special Damages the Plaintiff shall be paid shs.1. 600/-
There will therefore be judgment for Plaintiffs as follows:
(1) General Damages Kshs.600,000/-
(2) Special Damages Kshs. 1,600/-
Total Kshs.601,600/-
The Plaintiff shall be entitled to the cost of this suit and interest.
Dated and delivered this 27th day of July, 2000.
KASANGA MULWA
JUDGE