LUCY NTIBUKA v BERNARD MUTWIRI & OTHERS [2007] KEHC 541 (KLR)
- Court
- High Court of Kenya
- Case number
- 541
- Citation
- [2007] KEHC 541 (KLR)
- Decided
- 8 February 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a judgment on quantum of damagesCoramR. N. Sitati, Lenaola J
Holding
The court awards the plaintiff Kshs 500,000 in general damages for pain and suffering, less 30% contributory negligence, resulting in a total of Kshs 350,000.
Facts
The plaintiff, Lucy Ntibuka, was involved in a motor vehicle accident on 2/9/1980. She sustained head injuries, lacerations on the right eye, and lacerations and cut wounds on the left arm. The accident was caused by the defendant, Bernard Mutwiri, and the liability was agreed at 70:30%.
Issues
- Quantum of damages for the plaintiff's injuries
- Contributory negligence
Reasoning
The court considered the plaintiff's injuries and the authorities cited in support, concluding that the plaintiff's injuries were not as severe as those in the cited cases.
Outcome
Judgment for the plaintiff
Orders
- Award of Kshs 500,000 in general damages for pain and suffering
- Less 30% contributory negligence
- Award of Kshs 350,000
- Interest on general damages from the date of judgment until payment in full
- Award of costs of the suit to the plaintiff
Remedies
- General damages for pain and suffering
- Interest on general damages
- Award of costs of the suit
Authorities cited
Cases cited (2)
- Nairobi HCC No 293 of 2000 Margaret Atieno Ayany versus Julius Muraya and others
- Nairobi HCC No 950 of 1998 Habiba Abdi Mohamed versus Peter Maleve
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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