Raphael Mutinda Mbithi v Timothy Theuri & another another [2017] KEHC 1055 (KLR)
- Court
- High Court of Kenya
- Case number
- 1055
- Citation
- [2017] KEHC 1055 (KLR)
- Decided
- 12 July 2017
The court awarded Kshs.755,975/= in total (general damages Kshs.700,000/+, special damages Kshs.55,975/+) to the appellant, and costs in this court and the trial court plus interest from the date of this judgment to the date of payment.
Facts
The plaintiff/appellant filed a claim for general and special damages after an incident involving the respondent(s). The plaintiff claimed for costs of external fixators, payment to Machakos Hospital, and other medical expenses. The defendants argued that the plaintiff could only prove costs of external fixators and payment to Machakos Hospital, totaling Kshs.23,445/=. The plaintiff submitted that he proved medical expenses, a medical report, police abstract, search fees, police officer's attendance, and doctor's attendance, totaling Kshs.55,975/=. The trial court awarded Kshs.55,975/= under the special damages head.
Issues
- amount of special damages
- proof of future medical expenses
Reasoning
The court agreed with the plaintiff's proof of special damages and awarded the full amount. The court also awarded general damages and costs, finding no evidence to support future medical expenses.
Outcome
Appeal upheld
Orders
- award of Kshs.755,975/= to the appellant
- costs in this court and the trial court plus interest
Remedies
- award of Kshs.755,975/= to the appellant
- costs in this court and the trial court plus interest
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