RO (A Minor Suing Thro’ Gok as Next of Friend) v John Mwangi [2021] KEHC 5853 (KLR)

Facts

The Appellant filed a civil case against the Respondent for injuries sustained in an accident involving the Respondent's vehicle on September 13, 2014. The Respondent denied the claim and did not call any witnesses.

Issues

1. The award of damages was inordinately too low.
2. The Appellant suffered serious injuries.
3. The trial magistrate misdirected himself in arriving at a wrong estimate against the weight of evidence adduced.
4. The trial magistrate applied the wrong principles in making an award of damages.

Reasoning

The court found that the award by the trial court was reasonable given the nature of injuries sustained by the Appellant and that the Appellant did not demonstrate that the court relied on wrong principles in arriving at the award.

Outcome

Appeal dismissed

Authorities cited