[2000] KEHC 168 (KLR)
The court found that the defendant was 80% liable for the accident, as agreed by the parties, and that the plaintiff suffered severe injuries resulting in the amputation of his left arm. The court assessed general damages at Kshs.600,000, loss of earning capacity at Kshs.120,000 using a multiplier approach, cost of...
Source-derived case information.
- Citation
- [2000] KEHC 168 (KLR)
- Parties
- Plaintiff: Silvanus Arthur Odhiambo; Defendant: Special Steel Mills Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2925 of 1995
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff, subject to 20% reduction for contributory negligence
- Judges
- JK Mulwa
- Legal Topics
- Personal Injury, Negligence, Damages Assessment, Contributory Negligence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Silvanus Arthur Odhiambo
Plaintiff
Special Steel Mills Ltd.
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant was liable for the injuries sustained by the plaintiff and to what extent.
- 2 What is the appropriate quantum of damages for the injuries, loss of earning capacity, cost of artificial arm, and special damages.
Ratio Decidendi
The court found that the defendant was 80% liable for the accident, as agreed by the parties, and that the plaintiff suffered severe injuries resulting in the amputation of his left arm. The court assessed general damages at Kshs.600,000, loss of earning capacity at Kshs.120,000 using a multiplier approach, cost of an artificial arm at Kshs.250,000, and special damages at Kshs.1,000. The total award of Kshs.970,000 was reduced by 20% to reflect the plaintiff's contributory negligence, resulting in a net award of Kshs.776,000. The court also awarded costs and interest to the plaintiff.
Court Disposition
judgment for the plaintiff, subject to 20% reduction for contributory negligence
Orders
- The plaintiff is awarded Kshs.776,000 as damages after deduction for contributory negligence.
- The plaintiff shall have the costs of the suit and interest.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI HIGH COURT CIVIL CASE NO. 2925 OF 1995
SILVANUS ARTHUR ODHIAMBO……………...………….PLAINTIFF -VERSUS- SPECIAL STEEL MILLS LTD.……………………………DEFENDANT
JUDGMENT
(a) Liability in this case had been agreed between the plaintiff and the defendant as to 80% against the defendant and 20% against the plaintiff. The parties agreed that the only evidence would be Dr. Madhiwalas and Dr. Rashid medical reports. (b) General Damages
The reports show that the plaintiffs received injuries, which resulted in the amputation of the left arm leaving a mere stump. This is a permanent feature, which severely compromised her capacity to do any gainful employment. A number of cases were quoted in support of the damages of Shs.800,000 claimed. I have considered these cases comparing the injuries with the injuries in the case and I find that a figure of Shs.600,000 will be adequate compensation.
(c) Loss of Earning Capacity
The plaintiff was aged 24 years at the time of the accident. He was earning Kshs.1,408 per month. Taking a multiplier of 30 the damages will be (30 x 1,000 x 12) = Kshs.120,000 (d) Cost of artificial arm for this item, I award the plaintiff Shs.250,000
(e) Special damages Shs.1,000/-
There will therefore be judgment for the plaintiff as follows:
(a) General damages Kshs.600,000
(b) Loss of future earning Kshs.120,000
(c) Cost of artificial arm Kshs.250,000
(d) Special damages Kshs. 1,000
Total Kshs.970,000
Less 20% Kshs.194,000
Kshs.776,000
The plaintiff shall have the costs of the suit and interest. Dated and delivered this 14th day of July, 2000.
KASANGA MULWA
JUDGE