Robert Wesonga Otinga vWest Kenya Sugar Company Limited [2021] KEHC 4430 (KLR)
- Court
- High Court of Kenya
- Case number
- 4430
- Citation
- [2021] KEHC 4430 (KLR)
- Decided
- 6 August 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the original judgment and decree of Hon. RN Akee, Resident Magistrate, of 3rd May 2018CoramJ. Ngugi, Kamau, Khamoni, Muchemi, Wendoh
Holding
The award of damages by the trial court is set aside, and substituted with an award of Kshs. 1,500,000.00 for general damages, for pain and suffering.
Facts
The appellant, Robert Wesonga Otinga, was involved in a road traffic accident on 13th April 2017, where a motor vehicle belonging to the respondent, West Kenya Sugar Company Limited, hit him, causing grave injuries.
Issues
- The award of damages by the trial court was inordinately low in the circumstances.
- The nature and extent of the appellant's injuries were not taken into account in the award.
Reasoning
The court found the award of damages to be inordinately low and not commensurate with the injury sustained by the appellant, who suffered from multiple serious injuries.
Outcome
Appeal successful
Orders
- The award of damages by the trial court is set aside.
- An award of Kshs. 1,500,000.00 for general damages is substituted.
Authorities cited
Cases cited (6)
- Catherine Wanjiru Kingori & 3 others vs. Gibson Theuri Gichubi [2005] eKLR
- John Kuria Mbure vs. Magari Hire Purchase Ltd & 2 others [2019] eKLR
- Godfrey Wamalwa Wamba & another vs. Kyalo Wambua [2018] eKLR
- Wakim Sodas Limited vs. Sammd Aritos [2017] eKLR
- Akamba Public Road Services vs. Abdikar Adan Galgalo [2016] eKLR
- Francis Ndungu Wambui & 2 others vs. CK (suing through next friend and another MCWK (2019) 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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