Tahir Sheikh Said & 2 others v Maria Njeri Muturi [2021] KEHC 7934 (KLR)

Facts

On 2/6/2010, the respondent was a fare-paying passenger in the appellants' motor-vehicle registration number KAZ 681L. An accident occurred while the driver was negotiating a corner at Kona Mbaya, resulting in the respondent sustaining injuries to the ribs, back, and neck.

Issues

1. whether the learned trial magistrate's assessment of general damages at Ksh.100,000/= was erroneous and excessive
2. the exercise of discretion on the award of damages

Reasoning

The court held that the amount awarded for pain and suffering and loss of amenities cannot be precisely calculated and is solely discretionary on the part of the trial court. The court emphasized the discretion of the trial judge to award a reasonable sum based on the evidence and similar cases.

Outcome

The appeal was dismissed.

Authorities cited