Elisha Akello Raga v Shajanand Holdings Limited & another [2016] KEHC 912 (KLR)
- Court
- High Court of Kenya
- Case number
- 912
- Citation
- [2016] KEHC 912 (KLR)
- Decided
- 20 December 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a subordinate court decisionCoramD.S. MAJANJA
Holding
The appeal is dismissed with costs.
Facts
The appellant, Elisha Akello Raga, sustained injuries in a road traffic accident on August 1, 2012, and was awarded Kshs. 450,000 in general damages. The issue of liability was settled by consent at a ratio 80:20 against the respondents.
Issues
- The award of Kshs. 450,000 was too low considering the injuries sustained.
- The trial magistrate failed to appreciate the nature of the injuries presented in the evidence.
- The trial magistrate failed to appreciate the appellant's submissions.
Reasoning
The court re-evaluated the injuries sustained and found that apart from minor soft tissue injuries, the appellant sustained a fracture of the right femur and a contusion of the right hip joint. The court found the award of Kshs. 450,000 to be reasonable and not too low.
Outcome
Appeal dismissed
Authorities cited
Cases cited (8)
- Mary Wangechi and Elija Mwangi v Kenya Tea Development Authority HCCC No. 2732 of 1998
- Gilbert Nicholas Otieno v Oil Crop Development Company Ltd and Another NRB HCCC No. 1224 of 1999
- Akipo Odhiambo Otieno v Kenya Bus Services Limited NRB HCCC No. 1304 of 2004
- Lukenya Ranching and Farming Co-op. Society Ltd v Kavoloto
- Bashir Ahmed Butt v Uwais Ahmed Khan
- Simon Taveta v Mercy Mutitu Njeru CA Civil Appeal No. 26 of 2013
- Ugenya Bus Service v Gachoki NKU CA Civil Appeal No. 66 of 1981
- Jabane v Olenja
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