Jospeh Gichuhi Thomas v K G (Minor suing through his mother and next friend S N N) [2018] KEHC 6041 (KLR)
- Court
- High Court of Kenya
- Case number
- 6041
- Citation
- [2018] KEHC 6041 (KLR)
- Decided
- 7 June 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision on damages awarded by a trial magistrateCoramJOEL NGUGI
Holding
The appeal is dismissed with costs as the award of Kshs. 1,800,000/- for general damages is not excessive.
Facts
The Respondent, K G, filed a civil claim against the Appellant, Joseph Gichuhi Thomas, in Thika Chief Magistrate's Court. The parties recorded a consent on liability, apportioning 70% to the Plaintiff and 30% to the Defendant. The contentious issue was the quantum of damages.
Issues
- The Appellant's claim that the learned trial magistrate erred in awarding general damages of Kshs. 1,800,000/-
- The Appellant's claim that the learned trial magistrate failed to consider the medical reports and Appellant's submissions on general damages
- The Appellant's claim that the learned trial magistrate arrived at a wrong decision prejudicing the Appellant
Reasoning
The court considered the medical reports and the Appellant's submissions, but found the award of Kshs. 1,800,000/- for general damages not excessive. The court cited other cases where similar injuries resulted in lower awards.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs
Authorities cited
Cases cited (2)
- MR (Minor) v Patrick Magama & Another (Mombasa HCCC No. 491 of 1992)
- Patrick Mutie Kamay v Judy Wambui Kibara (Civil Appeal No. 254 of 1996)
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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