Farmers World Limited v Stonic Nyamwaya Okemwa [2012] KEHC 9 (KLR)
- Court
- High Court of Kenya
- Case number
- 9
- Citation
- [2012] KEHC 9 (KLR)
- Decided
- 21 September 2012
The court sets aside the trial magistrate's award of Kshs.1,400,000 and substitutes a global sum of Kshs.1,000,000 apportioned at the 30:70% agreed ratio.
Facts
Respondent Stonic Nyamwaya Okemwa was injured while working for the appellant Farmers World. The injuries included spinal injuries, numbness of both lower limbs, tenderness of the back, soft tissue injuries to the neck, loss of power of upper limbs, and abdominal pains. Two medical reports assessed the injuries, with differing opinions on the extent of disability.
Issues
- Misdirection by the trial magistrate regarding the extent of the Respondent's injuries
- Excessive award of damages
- Global sum in lieu of separate awards
Reasoning
The court finds the trial magistrate's award excessive and sets it aside, considering the economic trends, the value of the Kenyan shilling, and the rate of inflation. The court also notes the differing medical opinions on the extent of the Respondent's disability.
Outcome
Appeal successful
Orders
- Set aside the trial magistrate's award of Kshs.1,400,000
- Substitute a global sum of Kshs.1,000,000 apportioned at the 30:70% agreed ratio
Remedies
- General damages of Kshs.1,000,000
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