Martha Karuu Kobia v China Zhongxing Constrcution Co. Ltd & 2 others [2018] KEHC 8181 (KLR)
- Court
- High Court of Kenya
- Case number
- 8181
- Citation
- [2018] KEHC 8181 (KLR)
- Decided
- 26 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a lower court judgmentCoramD. K. KEMEI
Holding
The court awards the plaintiff Kshs. 7,017,516.80 in general damages and Kshs. 132,696 in special damages, after deducting 20% contribution from the defendants.
Facts
The plaintiff, Martha Karuu Kobia, was a passenger in a motor vehicle registration number KBH 101V when it was crushed by another vehicle, resulting in severe injuries including paraplegia.
Issues
- Quantum of damages for the plaintiff's injuries
- Appropriate compensation for the plaintiff's pain and suffering
Reasoning
The court considered the severity of the plaintiff's injuries and cited relevant precedents to determine an appropriate compensation amount.
Outcome
The plaintiff is awarded Kshs. 7,017,516.80 in general damages and Kshs. 132,696 in special damages, after deducting 20% contribution from the defendants.
Orders
- Award of Kshs. 7,017,516.80 in general damages
- Award of Kshs. 132,696 in special damages
- Deduct 20% contribution from the defendants
Remedies
- Costs of the suit
- Interest on general damages at court rates from the date of judgment
- Interest on special damages at court rates from the date of filing suit
Authorities cited
Cases cited (7)
- Dorothy Kanyua Mbaka & another v. P.S. In charge of department of defence in the officer of the President & another [2014] eKLR
- Nicholas Njue Njoki v. Eliud M. Kahuro [2014] eKLR
- Jackline Syombua v. BOG & Ekalakala Secondary School Embu HCCC No. 118 of 2006 (UR)
- Mbaka Nguru & Another v. James George Rakwar [1998] eKLR
- John Kamore & another v. Simon Irungu Ngugi [2014] e KLR
- Joseph Mavulu Mutua v. Samuel Njoroge Mwangi [2003] eKLR
- Gabriel Kariuki K
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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