Monyoro Mong’are Shem & another v Timothy Nyagaka Nyagaka [2021] KEHC 6817 (KLR)
- Court
- High Court of Kenya
- Case number
- 6817
- Citation
- [2021] KEHC 6817 (KLR)
- Decided
- 20 May 2021
The court sets aside the lower court's award of general damages, loss of earning capacity, and future medical expenses, and awards the respondent Kshs. 3,500,000/= in general damages, Kshs. 800,000/= in loss of earning capacity, Kshs. 900,000/= in future medical expenses, and Kshs. 169,875/= in special damages.
Facts
The appellants' vehicle collided with the respondent's motor cycle, resulting in the respondent sustaining soft tissue injuries and an amputation of his right leg above the knee. Liability was found to be wholly on the appellants.
Issues
- Quantum of damages
- Appellants' claim for a higher award of damages
Reasoning
The court found the lower court's award of damages to be inordinately high and set it aside, proposing a new award based on the principles of assessing damages and the difference between loss of earnings and loss of earning capacity.
Outcome
The appeal is successful, and the respondent is awarded a new total of Kshs. 5,369,875/=.
Orders
- Judgment for the respondent in the amount of Kshs. 5,369,875/=
- Costs of the appeal awarded to the appellants
Remedies
- Set aside the lower court's award of damages and substitute a new award
Authorities cited
Cases cited (6)
- Selle & another v Associated Motor Boat Company Limited & others [1968] EA 123
- Kemfro Africa Ltd v AM Lubia & another (1982 – 88) 1KAR
- Fairly v John Thompson Ltd [1973] Llyods’s Rep 40
- Mumias Sugar Company Ltd v Francis Wanialo (Supra)
- Moeliker v Reyrolle & Co. Ltd [1977] 1 W LR 132
- Macharia Francis Mundui & another v Joel Wanje (supra)
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