Mbarachu Njane v Boniface Mwangi [2016] KEHC 2178 (KLR)
- Court
- High Court of Kenya
- Case number
- 2178
- Citation
- [2016] KEHC 2178 (KLR)
- Decided
- 13 October 2016
Summary at a glance
TypeCivil AppealPostureAppeal from a judgment and decree of the Senior Resident MagistrateCoramHon. W. Kaberia SRM
The trial court's decision on quantum was fair and reasonable, and the amount awarded was reasonable and assessed with moderation.
Facts
The appellant filed an appeal against a judgment and decree of the Senior Resident Magistrate awarding the respondent a gross award of Ksh.500,000/= in respect of general damages for pain and suffering. Liability was settled by consent and apportioned at a ratio of 75%25% in favour of the respondent.
Issues
- assessment of quantum by the trial court
- whether the trial court took into account the circumstances of the accident, injuries suffered, and medical reports admitted in evidence
Reasoning
The court considered the principles of assessment and the material available at the trial court, taking into account the injuries suffered by the respondent and the medical reports.
Outcome
Affirmed
Authorities cited
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