Rachael Mihaki Kiragu v Karimi Simon Mwihaki & another [2015] KEHC 2126 (KLR)
- Court
- High Court of Kenya
- Case number
- 2126
- Citation
- [2015] KEHC 2126 (KLR)
- Decided
- 30 September 2015
The judgment of the trial court is upheld, and the appellant's claims for loss of earnings and cost of reconstructive surgery are not considered special damages.
Facts
On March 30, 2009, the appellant was hit by a lorry and suffered injuries, including a fracture on the left ankle, a de-gloving injury, a cut wound on the scalp, and a deep cut wound on the right knee. She was admitted to Kenyatta National Hospital and Mount Kenya Hospital, and her degree of injury was assessed as grievous harm with a 30% permanent disability.
Issues
- The extent of the injuries sustained by the appellant
- Loss of teeth
- Degree of injury assessed at 30% permanent disability
- Cost of constructive surgery
- Loss of earnings
- Doctors fee for attending court
- Application of authorities
Reasoning
The court found that the appellant's claims for loss of earnings and cost of reconstructive surgery were not properly pleaded and thus not considered special damages. The court upheld the trial court's judgment.
Outcome
Appeal dismissed
Loading judgment…