FREDRICK NABACHENJA v GIAN SINGH BANDAL [1999] KEHC 42 (KLR)
- Court
- High Court of Kenya
- Case number
- 42
- Citation
- [1999] KEHC 42 (KLR)
- Decided
- 8 July 1999
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a judgment of the High Court of Kenya at EldoretCoramR Nambuye
Holding
The court finds the defendant 100% responsible for the accident and awards the plaintiff Kshs 1,000,000 in total damages.
Facts
The plaintiff, Frederick Nabachenja, was injured in an accident involving a vehicle driven by the defendant's employee. The plaintiff claims damages for special and general injuries, including an artificial limb and loss of earnings.
Issues
- Negligence of the defendant's driver
- Implied term of the contract of employment
- Quantum of damages
Reasoning
The court held that the defendant's driver was negligent, the vehicle was in good condition, and the accident was caused by the driver's speed. The court assessed damages based on the plaintiff's injuries and loss of earning capacity.
Outcome
Judgment for the plaintiff
Orders
- Special damages of Kshs 1,200 with interest
- Costs of prosthesis Kshs 80,000 with interest
- General damages for pain suffering and loss of amenities Kshs 654,000 with interest
- Costs of the suit
Remedies
- Damages for special and general injuries
- Prosthesis costs
- Interest on damages and costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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