FRANCIS OUMA ORANJA V HARUN MURITHI WAWERU & ANOTHER [2012] KEHC 687 (KLR)
- Court
- High Court of Kenya
- Case number
- 687
- Citation
- [2012] KEHC 687 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the Honourable N. SHIUNDU Senior Resident MagistrateCoramA.MSHILA
Holding
The Appeal is allowed. The judgment of the lower court is set aside. The Appellant is awarded Kshs 450,000/= for general damages together with costs and interest.
Facts
The Appellant Francis Ouma Oranja was a pillion passenger who sustained severe bodily injuries in an accident on the Old Uganda Road in Eldoret. The Respondents Harun Murithi Waveru and David Kariuki were found liable for the accident.
Issues
- Quantum - was the amount awarded inordinately low.
- Did the trial magistrate use wrong principles in assessing the general damages?
- Enhancement of the Award for general damages.
Reasoning
The court found the award for general damages to be inordinately low and based on wrong principles. The court referred to comparable decisions and awarded Kshs 450,000/= for a fracture of the femur.
Outcome
Appeal allowed
Orders
- Judgment in favour of the Appellant in the sum of Kshs 450,000/= for general damages
- Interest shall be computed from the initial date of judgment
- Special damages awarded by the trial court to remain the same
- Each party shall bear their own costs of the Appeal
Authorities cited
Cases cited (5)
- ARROW CAR LTD –VS- BIMOMO & 2 OTHERS C.A 344 OF 2001
- NAIROBI HCCC NO. 817 OF 1983 MAHINDER SEMBI –VS- THE HONOURABLE ATTORNEY GENERAL
- MACHAKOS HCCC NO. 172 OF 2001 JACKSON MUSYOKA NDUNDA –VS- LOCHAB TRANSPORT LTD
- CECILA MWANGI –VS RUTH W. MWANGI Osiemo J
- BARBARA FENWICK –VS- BERNARD NGIGI – HCCC NO. 742 OF 1997
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.
Loading judgment…