Joseph Wambura v Julius Monyenye Ochomba [2018] KEHC 7837 (KLR)

Facts

The Respondent, a motor cycle rider, was involved in a road traffic accident on 18/10/2014, sustaining injuries. He filed a civil case against the Appellant, the owner of the motor vehicle involved, claiming General Damages for pain, suffering, and loss of amenities, Special Damages, costs, and interests.

Issues

1. The award of General Damages for pain, suffering, and loss of amenities was manifestly and inordinately excessive.
2. The learned trial magistrate failed to properly evaluate the evidence on record.
3. The learned trial magistrate misapprehended the principle applicable in assessment of damages in personal injuries claims.
4. The learned trial magistrate relied on extraneous issues as a basis of his decision.

Reasoning

The Court reiterates that assessment of damages is a difficult task and must be guided by factors including previous awards for similar injuries and principles developed by the Courts. The Court finds the award reasonable and within the discretion of the trial court.

Outcome

The appeal is dismissed.

Authorities cited