Eldoret Steel Mills Limited v Jotham Wekesa Wanami [2012] KEHC 2071 (KLR)
- Court
- High Court of Kenya
- Case number
- 2071
- Citation
- [2012] KEHC 2071 (KLR)
- Decided
- 19 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of Hon. W.N. Njage Principal MagistrateCoramM. K. Ibrahim, F. AZANGALALA
Holding
The judgment on quantum is set aside and substituted with an award of Kshs. 150,000/= general damages for pain and suffering.
Facts
An accident occurred on 26th July 2003 at the Appellant's workplace, resulting in the Respondent's injury. The Respondent sought general damages for pain and suffering and loss of amenities.
Issues
- The award of general damages was excessive.
- The trial magistrate's assessment of inflation was incorrect.
Reasoning
The court found that the trial magistrate's assessment of inflation was incorrect and that the injuries were not comparable to those in the Agnes Okoth case. The court ordered an award of Kshs. 150,000 for pain and suffering.
Outcome
Appeal successful
Orders
- Judgment on quantum set aside and substituted with an award of Kshs. 150,000 for pain and suffering.
Authorities cited
Cases cited (2)
- Wanjiru vs Hussein Mohamed Yussuf & Ano. HCCC 1629 OF 1991 (Nairobi)
- Agnes Okoth and 30 others v Nyabichukuku Farm & Anor, HCCC No. 1 1540 of 1988
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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