DAVID MONDE NGUTHI vs JASWINDER SINGH ENTERPRISES & WILFRED WAKABA NJAU [2001] KEHC 456 (KLR)
- Court
- High Court of Kenya
- Case number
- 456
- Citation
- [2001] KEHC 456 (KLR)
- Decided
- 19 September 2001
The court finds the defendants 100% liable for the plaintiff's injuries. The court awards Sh. 400,000/= in general damages, Sh. 415,437/= in medical and related expenses, Sh. 145,000/= in loss of the motor vehicle, and Sh. 3,100/= in special damages. The total award is Sh. 963,537/=. The plaintiff gets costs and interest.
Facts
The plaintiff, David Monde Nguthi, was involved in a road accident with the defendant's vehicle on March 16, 1996. The plaintiff suffered multiple injuries including a concussion, a deep cut in the right eye, fractures in the right femur and right upper shoulder, and cuts on the face and ankle. He was unable to resume his duties as a civil servant and needed future medical attention and nursing care.
Issues
- liability of the defendants for the plaintiff's injuries
- amount of general damages
- amount of special damages
- amount of medical and related expenses
- amount of loss of the motor vehicle
- amount of costs and interest
Reasoning
The court finds the defendants liable for the plaintiff's injuries, citing the plaintiff's testimony and the police abstract. The court awards damages based on the plaintiff's medical reports and the amount of medical expenses.
Outcome
The plaintiff wins the case and is awarded a total of Sh. 963,537/=. The plaintiff also gets costs and interest.
Orders
- The defendants are ordered to pay the plaintiff Sh. 963,537/= in damages.
- The plaintiff is awarded costs and interest.
Remedies
- Damages of Sh. 963,537/=
Authorities cited
Cases cited (2)
- PETER KINGORI & ANR. VS. KAGIRI & ANOTHER NRI HCC C 2916/99
- RHODA MBENJE VS. IKIARA MRU HCCC 74/96
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