OMN (Minor Suing Through Next Friend EMW v Jasper Nchonga Magari & another [2021] KEHC 6420 (KLR)
- Court
- High Court of Kenya
- Case number
- 6420
- Citation
- [2021] KEHC 6420 (KLR)
- Decided
- 3 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant challenging the award of damagesCoramKneller, The Acting, Wooding
Holding
The appeal is upheld, and the award is increased to Kshs.200,000.
Facts
The appellant, OMN, suffered injuries in an accident and sought damages for pain and suffering and loss of amenities. The trial magistrate awarded Kshs.70,000, which the appellant appeals.
Issues
- The award of Kshs.70,000 for pain and suffering and loss of amenities by the trial magistrate is unjustifiable.
- The injuries suffered by the appellant are of a serious nature and should have attracted a higher award.
Reasoning
The court applied principles from Livingstone Rawyards Coal Co. and Cornilliac v St Louis to assess damages. The injuries were serious, and the award was found to be inordinately low.
Outcome
Appeal successful, award increased
Orders
- The award of Kshs.70,000 is varied to Kshs.200,000
Remedies
- Increase in award to Kshs.200,000
Authorities cited
Cases cited (8)
- Arrow Car Limited v Elijah Shamall Bimomo & 2 Others
- James Guturi Kimani v Kamanga Wairegi
- Mombasa Maize Millers Ltd & Another v Francis Mwalungo Wanje
- Nyambati Nyaswambu Erick v Toyota Kenya Limited & 2 Others
- Hanyu v Toyota Kenya Limited
- Cuossens v Attorney General
- Rahma Tayab & Another v Anna Mary Kinaru
- Hassan v Nathan Mwangi Kamau Transporters
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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