John Mwangi v Rajab Mrabu [2019] KEHC 4773 (KLR)
- Court
- High Court of Kenya
- Case number
- 4773
- Citation
- [2019] KEHC 4773 (KLR)
The appeal is allowed on quantum, and the award of Kshs.800,000 as general damages is set aside. The Respondent is awarded Kshs.500,000 as general damages for pain, suffering, and loss of amenities.
Facts
The Respondent, Rajab Mrabu, sued the Appellant, John Mwangi, for general and special damages after a road traffic accident on 16th April, 2016. The Appellant was found liable and awarded Kshs.800,000 as general damages, Kshs.2,000 as special damages, costs of the suit, and interest on the decretal amount.
Issues
- liability
- quantum
Reasoning
The court found the award of Kshs.800,000 as general damages to be inordinately high and reduced it to Kshs.500,000, citing recent cases with similar injuries that received lesser awards.
Outcome
The appeal is allowed on quantum, and the award of Kshs.800,000 as general damages is set aside.
Orders
- The Respondent is awarded Kshs.500,000 as general damages for pain, suffering, and loss of amenities.
- The Appellant is ordered to pay half the costs of the appeal.
Remedies
- General damages of Kshs.500,000 for pain, suffering, and loss of amenities.
Authorities cited
Cases cited (5)
- George Okewe Osawa v Sukari Industries Limited [2015] eKLR
- Luka Charles Musumba v Charles Munge [2017] eKLR
- Florence Njoki Mwangi v Peter Chege Mbitiru [2014] eKLR
- Francis Maina Kahura v Nahason Wanjau Muriithi [2015] eKLR
- Catholic Diocese of Kisumu v Tete [2004] eKLR
Loading judgment…