BETHWEL MUTAI v CHINA ROAD & BRIDGE CORPORATION [2008] KEHC 3418 (KLR)
- Court
- High Court of Kenya
- Case number
- 3418
- Citation
- [2008] KEHC 3418 (KLR)
- Decided
- 25 April 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPosturePlaintiff's Ex Parte SuitCoramF. AZANGALALA
Holding
The court awards the plaintiff Kshs. 800,000.00 in general damages and Kshs. 668,383.00 in special damages, totaling Kshs. 1,468,383.00.
Facts
The plaintiff, Bethwel Mutai, was knocked down by a vehicle driven by the defendant's employee, Mwangangi Mwoka Ndaka, while he was employed by the defendant. The plaintiff sustained multiple fractures and required medical treatment and surgery.
Issues
- Determination of damages for the plaintiff's injuries
- Award of special damages for medical costs and future medical treatment
Reasoning
The court considered the nature of the injuries and the plaintiff's testimony, awarding a sum of Kshs. 800,000.00 in general damages and Kshs. 668,383.00 in special damages.
Outcome
Plaintiff wins
Orders
- Plaintiff awarded Kshs. 800,000.00 in general damages
- Plaintiff awarded Kshs. 668,383.00 in special damages
- Plaintiff awarded Kshs. 1,468,383.00 in total damages
Remedies
- Plaintiff awarded Kshs. 1,468,383.00 in total damages
- Plaintiff awarded costs of the suit and interest
Authorities cited
Cases cited (1)
- Esther Wanjiru Kiarie – v – Joseph Kiarie Nganga HCC No. 384 of 2000 (UR) Visram J. awarded Kshs. 1,000,000.00 for pain suffering and loss of amenities for the plaintiff who had sustained the following injuries: a) Fracture of the left humerus. b) Fracture of the right tibia and fibula. c) Fracture of the socket of the left hip. d) Dislocation of the left hip joint. e) Crash injury to the right ring finger. f) Avulsion to the distal end of the finger.
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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