[2004] KEHC 1173 (KLR)
Liability having been admitted, the court focused on the quantum of damages. The plaintiff's injuries were supported by medical evidence, including a head injury with laceration, brain concussion, and permanent scarring. The court found that the plaintiff was entitled to general damages for pain, suffering, and...
Source-derived case information.
- Citation
- [2004] KEHC 1173 (KLR)
- Parties
- Plaintiff: Victor N. Magara (a minor suing through his father and next friend Francis Magara); Defendant: Douglas Ojwang Onachi; Defendant: Charles Mageto
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 671 of 2000
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Personal Injury, Damages Assessment, Liability Admission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor N. Magara (a minor suing through his father and next friend Francis Magara)
Plaintiff
Douglas Ojwang Onachi
Defendant
Charles Mageto
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to general damages for injuries sustained in the accident.
- 2 Whether special damages were proved by the plaintiff.
Ratio Decidendi
Liability having been admitted, the court focused on the quantum of damages. The plaintiff's injuries were supported by medical evidence, including a head injury with laceration, brain concussion, and permanent scarring. The court found that the plaintiff was entitled to general damages for pain, suffering, and permanent disfigurement. However, as no special damages were proved, none were awarded. The court relied on authorities cited by the plaintiff to determine an appropriate award and granted KES 150,000 as general damages, together with costs of the suit.
Court Disposition
judgment for the plaintiff
Orders
- The plaintiff is awarded KES 150,000 as general damages.
- No special damages are awarded.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 671 OF 2000 VICTOR N. MAGARA (A Minor suing through His father and next of friends FRANCIS MAGARA …………………………….…………PLAINTIFF VERSUS DOUGLAS OJWANG ONACHI ……………,……. 1ST DEFENDANT CHARLES MAGETO ……………..…………,,…….. 2ND DEFENDANT JUDGMENT
The Plaintiff was injured in an accident on the 4/5/1997. Liability is not in dispute. The Plaintiff suffered a head injury with laceration on the right parietal area and blunt injuries to the chest. According to Dr. Wokabi the Plaintiff lost consciousness for a short period of time due to brain concussion. The frequent headaches he gets will disappear eventually. Permanent scars will persist permanently on the face and scalp.
I have considered the authorities relied on by the Plaintiff I award by way of General damages a sum of Shs.150,000/=. No special damages were proved. The cost of the suit to the Plaintiff.
Dated and delivered at Nairobi this 29th day of July 2004
P.J.RANSLEY JUDGE