MOSES OGUTU OMWONO v SHILOAH INVESTMENT LTD [2011] KEHC 1033 (KLR)

Facts

The appellant, Moses Ogutu Omwono, sustained injuries in an incident and filed a lawsuit against Shiloah Investment Ltd. The injuries included bruises to the right periorbital region, blunt injuries to the thorax and upper limbs, and headaches. The report from Dr. Nyamogo stated that the injuries were soft tissue injuries to the face, chest, and shoulder, which were improving.

Issues

1. the learned trial magistrate's failure to properly analyze the documentary evidence regarding the extent of the appellant's injuries
2. the learned trial magistrate's award of an extremely low quantum of damages
3. the learned trial magistrate's failure to take into consideration all germane factors in assessing the quantum of damages

Reasoning

The court affirmed the trial court's judgment on the issue of quantum, stating that the trial court did not err in its assessment of the injuries and did not award an inordinately low quantum of damages.

Outcome

Affirmed

Authorities cited