Silas Shakava Tuli v Ezekiel K Chirchir [2019] KEHC 7410 (KLR)

Facts

The Appellant, Silas Shakava Tuli, was injured and suffered partial paralysis of the lower and upper limbs, resulting in 70% disability. He was a casual laborer who could not engage in his trade due to the injuries. The Appellant sought damages for general damages for pain and suffering and special damages.

Issues

1. The learned trial magistrate erred in law and in fact in failing to award the appellant general damages for loss of future earning capacity, future care and nursing and loss of consortium.
2. The learned trial magistrate erred in law and fact in failing to address the evidence and submissions tendered by the appellant and therefore failed to take into account relevant facts while awarding damages.
3. The learned trial magistrate erred in law and in fact by holding that the appellant had not sufficiently proven his claim on loss of future earning capacity, future care and nursing and loss of consortium in spite of the sufficient evidence placed before the court and also the law respecting minimum wages reigning in Kenya at all material times to this claim.
4. The learned trial magistrate erred in law and in fact by applying the wrong principles in assessing damages and thereby arrived at a low award under the claim for general damages for pain and suffering and also failed to award the appellant damages for future care and nursing and loss of consortium.

Reasoning

The court relied on case law to distinguish between loss of earning capacity and loss of future earnings, stating that the former is compensated by an award in general damages once proved, while the latter is compensated by evidence of real assessable loss.

Outcome

The appeal was dismissed.

Authorities cited