Damaris Wanthi Musyoka v Hussein Dairy Ltd & another [2012] KEHC 2514 (KLR)
- Court
- High Court of Kenya
- Case number
- 2514
- Citation
- [2012] KEHC 2514 (KLR)
- Decided
- 30 August 2012
The court finds the plaintiff entitled to the relief sought in the plaint, including general damages, pain and suffering, and loss of amenities. The court awards Kshs. 1,364,000 in general damages.
Facts
The plaintiff, Damaris Wanthi Musyoka, was involved in a road accident on 24th February 1999. She was injured and treated at Voi and Pandya Hospitals. She sought damages for general damages, loss of future earnings, and costs and interest.
Issues
- Quantum of damages
- Consistency of income
Reasoning
The court considers the plaintiff's inconsistent income claims and awards a minimum statutory wage of Kshs. 12,000 per month for future earnings. It also awards Kshs. 250,000 for pain and suffering and Kshs. 250,000 for loss of amenities.
Outcome
Judgment for the plaintiff against the defendant for 100% liability and Kshs. 1,364,000 in general damages.
Orders
- Special damages of Kshs. 138,280 with interest from date of filing suit
- Witness expenses of Kshs. 3,000
- General damages of Kshs. 1,364,000 with interest from date of judgment
- Costs of the suit
Remedies
- General damages of Kshs. 1,364,000 with interest from date of judgment
- Special damages of Kshs. 138,280 with interest from date of filing suit
Authorities cited
Legislation (1)
- Minimum statutory wage
Cases cited (1)
- Michael Njenga Kimani v Stephen Njoroge Kimani and Anor. HCCC No. 4495 of 1986 (Unreported)
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