[2000] KEHC 86 (KLR)
The court, having found liability fully admitted by the Defendant, proceeded to assess damages based on the medical evidence presented and comparable authorities cited by the Plaintiff. The court determined that Kshs.600,000 was adequate compensation for general damages, considering the injuries and precedents....
Source-derived case information.
- Citation
- [2000] KEHC 86 (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
- Civil Case 2481 of 1997
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the Plaintiff for Kshs.601,600 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 amount of general damages payable to the Plaintiff for personal injuries sustained in the accident.
- 2 What is the amount of special damages to be awarded to the Plaintiff.
Ratio Decidendi
The court, having found liability fully admitted by the Defendant, proceeded to assess damages based on the medical evidence presented and comparable authorities cited by the Plaintiff. The court determined that Kshs.600,000 was adequate compensation for general damages, considering the injuries and precedents. Special damages of Kshs.1,600 were awarded as specifically pleaded and proved. The total award was Kshs.601,600, with costs and interest to the Plaintiff.
Court Disposition
Judgment for the Plaintiff for Kshs.601,600 plus costs and interest.
Orders
- The Plaintiff is awarded general damages of Kshs.600,000.
- The Plaintiff is awarded special damages of Kshs.1,600.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL CASE 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