BARBARA FENWICK v BERNARD NGIGI NDIRIMA & ANOTHER [2000] KEHC 276 (KLR)
- Court
- High Court of Kenya
- Case number
- 276
- Citation
- [2000] KEHC 276 (KLR)
- Decided
- 23 February 2000
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from original trialCoramM.A. ANG’AWA
Holding
The defendants are found liable in negligence, and the plaintiff is awarded Ksh.500,000/- for pain, suffering, and loss of amenities.
Facts
An 88-year-old female pedestrian was hit by a lorry, resulting in multiple injuries including a cut above her left eye, fractures of the pubic rami and femur, and fractures of the tibia and fibula. She filed a suit against the driver and owner of the lorry.
Issues
- liability
- quantum of damages
Reasoning
The court considered the seriousness of the injuries, the plaintiff's age, and previous similar cases to determine a reasonable award.
Outcome
Appeal upheld, liability and quantum of damages affirmed.
Orders
- Consent judgement of parties recorded by the Principal Deputy Registrar.
- Plaintiff to bear 25% liability, defendant to bear 75% liability.
- Judgment entered on General Damages for Ksh.500,000/- for pain, suffering, and loss of amenities.
- Special Damages agreed by consent of the parties.
- Net total Ksh.752,199.60, less 25% for plaintiff's share.
Remedies
- Costs to the plaintiff.
- Interest on General damages from the date of the suit.
- Interest on Special Damages from the date of filing the suit at court rates.
Authorities cited
Cases cited (2)
- James Ahiga Keya V. Alhanas Osawo & Another
- Cecilia W. Mwangi & Another V. Ruth W. Mwangi
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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