Stanley Kirwa Arusei v John Mkwalafu Wanjofu [2020] KEHC 8327 (KLR)
- Court
- High Court of Kenya
- Case number
- 8327
- Citation
- [2020] KEHC 8327 (KLR)
The court reduced the general damages award to Kshs. 500,000, finding the original award to be inordinately high and inconsistent with the respondent's injuries.
Facts
The respondent filed a claim for compensation for personal injuries sustained in an accident on January 7, 2016, along the Eldoret-Webuye road. The respondent was awarded Kshs. 1,800,000 in general damages and Kshs. 6,910 in special damages, totaling Kshs. 1,846,910. The appellant appealed the quantum of the general damages.
Issues
- Whether the award of Kshs. 1,800,000 in general damages was excessive and inconsistent with the injuries sustained by the respondent.
- Whether the award was consistent with past awards in similar cases.
Reasoning
The court found that the respondent's injuries were not as severe as those in the cited cases, and that the original award was based on irrelevant facts and a wrong principle.
Outcome
The appeal is upheld, and the respondent's award is reduced to Kshs. 500,000 in general damages.
Orders
- The respondent's award is reduced to Kshs. 500,000 in general damages.
- The special damages are upheld.
- The appellant is awarded costs of the appeal.
Authorities cited
Cases cited (5)
- Jitan Nagia v Abidnego Nyandusi Oigo [2018] eKLR
- Texcal House Service Station Ltd & another v Timo Kalevi Jappinen & Another (supra)
- Humprey Kango v KPA (supra)
- Butt v Khan 1[1981] KLR 349
- Harun Muyoma Boge v Daniel Otieno Agulo [2015] eKLR
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