Robert Mwaniki Ndwiga v Agatha Kaugi Riungu [2018] KEHC 6770 (KLR)
- Court
- High Court of Kenya
- Case number
- 6770
- Citation
- [2018] KEHC 6770 (KLR)
- Decided
- 21 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of Runyenjes Senior Resident MagistrateCoramF. MUCHEMI
Holding
The court sets aside the award of Kshs.500,000/= for pain and suffering and substitutes it with Kshs.1,050,000/=
Facts
The appellant, Robert Mwaniki Ndwiga, was involved in a road traffic accident on 5/10/2013, resulting in injuries to his right tibia and medial malleous bones. He sought damages for pain and suffering.
Issues
- Whether the learned magistrate failed to consider the serious nature of the appellant's injuries.
- Whether the award of Kshs.500,000/= for pain and suffering was inordinately low.
Reasoning
The court found the injuries to be severe and that the award was inordinately low, failing to consider the severity of the injuries and the comparable awards in similar cases.
Outcome
The appeal is upheld, and the award of damages is increased to Kshs.1,050,000/=
Orders
- The final award is Kshs.1,155,000/=
- The appellant to meet the costs of the appeal and the court below
Remedies
- Increase in damages for pain and suffering
Authorities cited
Cases cited (9)
- KENNY NYAGA MBOI VS MASH BUS SERVICES LTD (2005) eKLR
- MWAURA MUIRURI VS SUERA FLOWERS LTD (2009) NKU HCCC 184
- JOASH NYABICHA VS KTDA & ANOTHER (2010) Civil Appeal No. 302
- AMOS GATHIRWA NGUNGI VS MULTIPLE HAULIERS & ANOTHER (2009) Nairobi HCCC 658
- WILSON LONAPA VS PATRICK KAMANDA NGUGI (2012) eKLR
- S.D.V. TRANSAMI K-LTD VS SCHOLASTIC NYAMBURA (2012) eKLR
- SIMON MUTISYA KAVII VS KIGUTU MWANGI (2013) eKLR
- MWAURA MUIRURI VS SUERTA FLOWERS LIMITED & ANOTHER (2014) eKLR
- JOASH M. NYABICHA VS KENYA TEA DEVELOPMENT AUTHORITY & 2 OTHERS (2013) eKLR
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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