Mulekye v Kovi (Civil Appeal 27 of 2019) [2022] KEHC 3291 (KLR) (11 July 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 3291
- Citation
- [2022] KEHC 3291 (KLR)
- Decided
- 11 July 2022
The appeal is allowed, and the judgment of the trial court is set aside. The Respondent is awarded 50% liability, with the Appellant bearing 50% blame. General damages are awarded at Kshs. 700,000, and special damages at Kshs. 100,000. The Respondent is awarded half costs and half interest from the date of the lower court judgment.
Facts
A road traffic accident occurred on 8th June, 2015, between a motorcycle ridden by the Respondent and the Appellant's motor vehicle. The Respondent sued the Appellant for negligence, seeking compensation for general damages, special damages, future medical costs, and costs of the suit.
Issues
- Excessive general damages awarded by the trial court
- Award of future medical expenses not supported by evidence
- Trial court's finding of 100% liability on the Appellant
- Failure to consider the Appellant's evidence
- Appellant's claim for a 50:50 liability apportionment
Reasoning
The court found the trial court's award of Kshs. 1,000,000 as general damages excessive, considering the Respondent's injuries and the cases relied on by the Respondent. The court also found the award of Kshs. 100,000 for future medical expenses not supported by evidence.
Outcome
Appeal allowed
Orders
- Judgment is entered for the Respondent at 50% liability
- Respondent awarded Kshs. 700,000 general damages and Kshs. 100,000 special damages
- Respondent awarded half costs and half interest from the date of the lower court judgment
- Appellant awarded half costs in the appeal
Authorities cited
Cases cited (5)
- Philip Musyoka Mutua v. Leonard Kyalo Mutisya [2018] eKLR
- Hussein Omar v. Lento Agencies (2006) eKLR
- Jitan Nagra v. Abidnego Nyandusi Oigo [2018] eKLR
- Fred Mohinga Kipkigiya v. David Agreey Zimbiru [2011] eKLR
- Butler v. Butler [1984] eKLR 225
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