EDWARD MZAMILI KATANA v CMC MOTORS GROUP LTD & ANOTHER [2006] KEHC 2264 (KLR)
- Court
- High Court of Kenya
- Case number
- 2264
- Citation
- [2006] KEHC 2264 (KLR)
- Decided
- 10 May 2006
The plaintiff is awarded Sh. 2,000,000/= as general damages for pain and suffering and loss of amenities, and Sh. 1,300,000/= and Sh. 500,000/= as special damages against the first and second defendants respectively.
Facts
The plaintiff, a corporal in the Kenya Police Force, was injured in a road accident on September 24, 1994, and suffered multiple injuries including a fracture of the left femur. He was readmitted to hospital in January 1996 due to a refracture of the femur, and the fracture of the scapula united well with no disability.
Issues
- liability for the plaintiff's injuries
- causation between the two accidents
Reasoning
The court considered the plaintiff's injuries and awarded damages based on past cases with similar injuries, concluding that a sum of Sh. 2,000,000/= was reasonable for pain and suffering and loss of amenities.
Outcome
The plaintiff is awarded Sh. 1,300,000/= and Sh. 500,000/= in general and special damages respectively.
Orders
- Judgment for the plaintiff against the defendants in the proportions of admitted liability
Remedies
- General damages and special damages
Authorities cited
Cases cited (1)
- Ossuman Mohamed & Another – Vs – Saluro Bundit Mohamed
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