HARUN HABEL MNJAU v NGUI MAKAU & 2 0THERS [2002] KEHC 600 (KLR)
- Court
- High Court of Kenya
- Case number
- 600
- Citation
- [2002] KEHC 600 (KLR)
- Decided
- 30 July 2002
Summary at a glance
TypePersonal InjuryPostureAppeal from a civil suitCoramP. M. TUTUI, COMMISSIONER OF ASSIZE
The plaintiff is awarded Kshs. 750,000/- for general damages for pain and suffering. The plaintiff is also awarded Kshs. 874,600/- in total damages, with the defendants bearing 60% of the total amount.
Facts
The plaintiff suffered injuries in a road accident, resulting in the amputation of his left arm. The defendants were found liable, with apportionment of responsibility. The plaintiff claimed special damages for medical reports, police abstract, hospital charges, medicine, and a prosthesis. He also claimed general damages for loss of income and pain and suffering.
Issues
- Special damages for a gardener and loss of income from the shamba
- General damages for pain and suffering
Reasoning
The court awarded general damages based on previous similar cases and the plaintiff's testimony. Special damages were not proven.
Outcome
Judgment in favor of the plaintiff
Orders
- The plaintiff is awarded Kshs. 750,000/- for general damages for pain and suffering.
- The plaintiff is awarded Kshs. 874,600/- in total damages.
- The defendants are ordered to pay 60% of the total amount.
- The plaintiff is awarded the costs of the suit and interest at court rates.
Remedies
- Award of Kshs. 750,000/- for general damages for pain and suffering.
- Award of Kshs. 874,600/- in total damages.
- Order for defendants to pay 60% of the total amount.
- Award of costs of the suit and interest at court rates.
Authorities cited
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