Kibet v Alunda (Civil Appeal 115 of 2019) [2024] KECA 64 (KLR) (2 February 2024) (Judgment)

Facts

The respondent, Horkynngs Kiliru Aganda Alunda, was knocked down by a lorry driven by the appellant, Wyclie Kemboi Kibet, on 1st October 2014. The respondent sustained severe injuries and was awarded Ksh.1,900,000 as general damages, Ksh.1,428,000 for loss of future earnings, Ksh.50,000 for the artificial limb, and Ksh.100,176.20 as special damages.

Issues

1. Whether the court erred in law in holding that a claim for loss of future earnings, which must be specifically pleaded and proved, could be allowed on the exercise of discretion by the court.
2. Whether the court erred in awarding damages for loss of future earnings as distinct from compensation for loss of earning capacity.

Reasoning

The court distinguished between loss of future earnings and compensation for loss of earning capacity, stating that the latter is awarded for real assessable loss proved by evidence.

Outcome

Affirmed

Authorities cited