Board of Governors Ongata Academy v Gabriel Ngaiyaiya Rumoi [2021] KEHC 13385 (KLR)
- Court
- High Court of Kenya
- Case number
- 13385
- Citation
- [2021] KEHC 13385 (KLR)
- Decided
- 23 September 2021
The appeal succeeds to the extent that the judgment is set aside and substituted with a judgment for the total sum of Ksh. 2,015,748/= in favor of the Plaintiff (Respondent), costs and interest. Each party to bear their own costs.
Facts
The Respondent filed a claim for damages arising from a road traffic accident. The parties agreed on liability and entered a consent judgment. The Respondent later filed an application for review, seeking additional compensation for future medical expenses and loss of earnings.
Issues
- The Hon Magistrate misdirected himself with respect to the applicable principles of law on special damages
- The magistrate misdirected himself by awarding the sum of Kshs. 1, 605,000 for future medical expenses and loss of earnings
- The magistrate misdirected himself by giving judgment in favour of the plaintiff as against the defendant
Reasoning
The court found that future medical expenses and loss of earnings were not specifically pleaded and proven, and the trial court's award was incorrect. The court awarded the Respondent a total of Ksh. 2,015,748/=.
Outcome
Appeal successful
Orders
- Judgment set aside
- Substitute judgment for the total sum of Ksh. 2,015,748/= in favor of the Plaintiff (Respondent)
- Costs and interest awarded to the Respondent
- Each party to bear their own costs
Remedies
- Judgment for the total sum of Ksh. 2,015,748/= in favor of the Plaintiff (Respondent)
- Costs and interest awarded to the Respondent
Authorities cited
Cases cited (3)
- Selle v Associated motor Boat Co. & others [1968] E.A. 123
- Tracom Limited & Another –vs-Hasssan Mohamed Adan [2009] eKLR
- Fairley v John Thomson Ltd [1973] 2 Lloyd’s Law Reports 40
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