Sammy Mwania v New Jogoo Road Hardwares Ltd [2018] KEHC 9819 (KLR)
- Court
- High Court of Kenya
- Case number
- 9819
- Citation
- [2018] KEHC 9819 (KLR)
- Decided
- 23 November 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a judgment of the High Court of Kenya at NairobiCoramJ. K. SERGON
Holding
The court awards the plaintiff general damages for pain and suffering of Ksh.2,000,000 and special damages of Ksh.13,000, totaling Ksh.2,013,000. The plaintiff is awarded 70% of the total, which is Ksh.1,409,100.
Facts
Sammy Mwania was injured in a motor vehicle accident involving KAT 636H, ZC1911, owned by New Jogoo Road Hardwares Ltd. The plaintiff sought general and special damages.
Issues
- General damages
- Special damages
- Future medical expenses
Reasoning
The court considered the plaintiff's injuries and awarded a sum of Ksh.2,000,000 for general damages, finding it reasonable given the plaintiff's injuries. Special damages were awarded for Ksh.13,000, as the plaintiff's claim for corrective surgery was not pleaded.
Outcome
The plaintiff is awarded Ksh.1,409,100.
Orders
- The plaintiff is awarded Ksh.1,409,100.
- Costs of the suit are awarded to the defendant.
- Interest on the awarded amount is to be calculated from the date of judgment until full payment.
Remedies
- General damages for pain and suffering of Ksh.2,000,000
- Special damages of Ksh.13,000
Authorities cited
Cases cited (2)
- P.N. Mashru Ltd =vs= Omar Mwakoro Makenge (2018) eKLR
- Hellen Atieno Oduor =vs= S. S. Mehta & Sons Ltd & Another (2015) 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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