Jennifer Kerubo Omundi v Registered Trustees Catholic Diocese of Kisii [2016] KEHC 1899 (KLR)
- Court
- High Court of Kenya
- Case number
- 1899
- Citation
- [2016] KEHC 1899 (KLR)
- Decided
- 3 February 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of Hon. K. Sambu (PM) dated and Delivered on 21st March 2013, in the original Kisii CM Civil Case No.352 of 2010CoramNyarangi
Holding
The Appellant is entitled to damages for loss of earning capacity.
Facts
The Appellant, Jennifer Kerubo Omundi, sustained multiple soft tissue injuries in a road traffic accident on 6th November 2009. The Respondent, the Registered Trustees Catholic Diocese of Kisii, was found liable for 80% of the damages. The Appellant sought general damages, special damages, and costs.
Issues
- Whether the Appellant is entitled to damages for loss of earning capacity.
- How to assess the damages for loss of earning capacity.
Reasoning
The Appellant's testimony and medical reports demonstrated that she was incapacitated due to her injuries, leading to a finding that the trial court erred in not awarding damages for loss of earning capacity.
Outcome
Affirmed
Orders
- General damages awarded for pain, suffering, and loss of amenities.
- Special damages awarded for Kshs.7,000.
- Costs awarded to the Appellant.
- Costs awarded to the Respondent.
Authorities cited
Cases cited (2)
- Butler –vs- Butler [1984] KLR
- Mumias Sugar Company Ltd –vs- Francis Wanalo [2007] eKLR
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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