[2000] KEHC 161 (KLR)
The court held that the plaintiffs were entitled to general damages for pain and suffering based on the injuries sustained in the accident. The assessment took into account comparable awards in similar cases, inflation, and the lapse of time since those cases were decided. The court found that Kshs.650,000 was...
Source-derived case information.
- Citation
- [2000] KEHC 161 (KLR)
- Parties
- Plaintiff: Silper Okoko; Plaintiff: Margaret Awino; Defendant: Radido; Defendant: Ben Kabaka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 3741 of 1987
- Procedural Posture
- Civil Case / Assessment of Damages After Consent Judgment on Liability
- Outcome
- Judgment for the plaintiffs on quantum of damages.
- Legal Topics
- Personal Injury, Assessment of Damages, Pain and Suffering, General Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silper Okoko
Plaintiff
Margaret Awino
Plaintiff
Radido
Defendant
Ben Kabaka
Defendant
Procedural Posture
Civil Case / Assessment of Damages After Consent Judgment on Liability
Legal Issues
- 1 What is the appropriate quantum of general damages for the injuries suffered by the plaintiffs as a result of the accident.
- 2 Whether special damages or future medical expenses are payable to the plaintiffs.
Ratio Decidendi
The court held that the plaintiffs were entitled to general damages for pain and suffering based on the injuries sustained in the accident. The assessment took into account comparable awards in similar cases, inflation, and the lapse of time since those cases were decided. The court found that Kshs.650,000 was adequate compensation for the first plaintiff, who suffered a fractured femur, multiple cuts and bruises, and scarring. The second plaintiff, who suffered loss of teeth, facial injuries, and psychological trauma, was awarded Kshs.700,000. The court declined to award special damages or future medical expenses due to lack of proof, as no supporting documentation was produced. The...
Court Disposition
Judgment for the plaintiffs on quantum of damages.
Orders
- The First Plaintiff shall have Kshs.650,000 as general damages for pain and suffering.
- The Second Plaintiff shall have Kshs.700,000 as general damages for pain and suffering.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
CIVIL CASE NO. 3741 OF 1987
SILPER OKOKO & MARGARET AWINO…………….PLAINTIFFS
-VERSUS
RADIDO & BEN KABAKA………………..………….DEFENDANTS
JUDGMENT
LIABILITY
The Plaintiffs have sued the Defendants for special and general damages following an accident on 8th September, 1985. By consent judgement was entered for the plaintiffs on full liability on 25. 10. 95 before Justice Ringera. The Court is asked to assess damages. QUANTUM
(a) The First Plaintiff
The First Plaintiff sustained the following injuries:
(a) Complete fracture of the right femur
(b) Multiple cuts and bruises on both arms and legs
(c) Deep cut above the upper hip.
As a result, the First Plaintiff has developed scars on the face
and hands and has undergone pain and discomfort. The Plaintiffs’
counsel cited several authorities which I have considered in light of the injuries suffered by the first Plaintiff. I have also taken into account the elements of inflation and lapse of time since those cases were decided. In these circumstances, I consider the sum of Kshs.650,000 as adequate. No special damages were proved therefore, I make no award for special damages. (b) The Second Plaintiff
The Second Plaintiff sustained the following injuries:
(a) Loss of teeth with bleeding tooth sockets
(b) Injury to the mouth leading to distortion of the mouth.
(c) Injury to the face
As a result the Second Plaintiff suffered facial disfigurement resulting in psychological trauma.
The Counsel for the Plaintiff cited several authorities which I have considered by comparing the injuries suffered with injuries suffered by the Second Plaintiff. I have also taken into account the inflation and lapse of time since the cases were decided. I find that in the circumstances the sum of Kshs.700,000 would be adequate compensation. No award is made for special damages as they were not proved nor the police abstract or medical report produced to indicate any expense incurred.
The Second Plaintiff also claims cost of future treatment. But this was not proved. No medical report was produced. I make no award.
There will be judgment for the Plaintiffs as follows:
1. The First Plaintiff shall have Kshs.650,000/- General Damages for pain and suffering
2. The Second Plaintiff shall have Kshs.700,000/- General
Damages for pain and suffering.
The Plaintiffs shall have the costs of the suit and interest.
Dated and delivered this 8th day December, 2000.
KASANGA MULWA
JUDGE