Alexander Kipkoech Kosgey v Frederick Towet & 4 others [2005] KEHC 2533 (KLR)
- Court
- High Court of Kenya
- Case number
- 2533
- Citation
- [2005] KEHC 2533 (KLR)
- Decided
- 13 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a civil suitCoramL. KIMARU
Holding
The 5th defendant (Kabarak Limited) is found liable for 100% of the plaintiff's injuries and is ordered to pay Kshs 2,000,000 in general damages and Kshs 27,892 in special damages.
Facts
The plaintiff, Alexander Kipkoech Kosgey, was involved in a road traffic accident on November 19, 1993, resulting in injuries to his lower limbs and hands. He was treated at various hospitals and was assessed to have a 75% permanent disability.
Issues
- liability of the defendants
- quantum of damages
Reasoning
The court found the plaintiff sustained severe injuries leading to permanent disability and awarded him general damages for pain, suffering, and loss of amenities.
Outcome
The plaintiff is awarded Kshs 2,027,892 in total.
Orders
- The 5th defendant (Kabarak Limited) is ordered to pay Kshs 2,000,000 in general damages and Kshs 27,892 in special damages.
- The plaintiff is awarded Kshs 8,000 for Dr. Kiamba's medical report and attendance in court.
- The plaintiff is awarded Kshs 19,892 for medical expenses.
- The plaintiff is awarded costs of the suit.
- Interest shall be applied at the usual court rates.
Remedies
- General damages for pain, suffering, and loss of amenities
- Special damages for medical expenses
Authorities cited
Legislation (1)
- Workmen's Compensation Act
Cases cited (1)
- Nichodemus Owuor Ondondo v Chemelil Sugar Co. Ltd
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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