Andrew Minjire Ruoro v Joseph Chege Maina & 2 others [2018] KEHC 1322 (KLR)

Facts

The appellant, Andrew Minjire Ruoro, filed a claim for damages against Joseph Chege Maina, Kalekye Celestine Langatt, and Joseph Gatheru Mbogo after a road traffic accident on 10.8.2013. The Chief Magistrate’s Court dismissed the claim for lack of proof.

Issues

1. the learned magistrate erred by finding that the appellant had not proved his injuries
2. the learned magistrate erred by failing to appreciate the facts pleaded in the plaint
3. the learned magistrate erred by failing to notice the date of the injuries
4. the learned magistrate erred by failing to do substantive justice
5. the learned magistrate erred by making an award of Kshs.300,000/= which was too low
6. the learned magistrate erred by failing to apply the correct legal principles
7. the learned magistrate erred by failing to make an award for special damages

Reasoning

The court found that the learned magistrate erred in several aspects, including failing to appreciate the facts pleaded in the plaint and the date of the injuries, and in not applying the correct legal principles.

Outcome

The appellant is awarded Kshs.410,895/= in total damages, including general and special damages, with costs and interest awarded.

Authorities cited