Sancha v Oeri & another (Civil Appeal 1 of 2022) [2023] KEHC 4145 (KLR) (11 May 2023) (Judgment)
- Court
- High Court of Kenya
- Case number
- 4145
- Citation
- [2023] KEHC 4145 (KLR)
- Decided
- 11 May 2023
The appeal is allowed, and the judgment of the trial court is quashed. The Appellant is found to be 100% liable and awarded Kshs 800,000 in general damages.
Facts
The Appellant, Margaret Wangechi Sancha, sued the Respondents, Neddy Kerubo Oeri and Charles Ngotho Ndung'u, for damages arising from a road traffic accident on December 11, 2020. The Appellant claimed she sustained serious injuries including fractures and lacerations.
Issues
- apportionment of liability
- quantum of damages
Reasoning
The court found the award of Kshs 300,000 in general damages to be too low given the gravity of the injuries sustained by the Appellant. The court considered comparable awards and found Kshs 800,000 to be a more appropriate compensation.
Outcome
The appeal is allowed, and the judgment of the trial court is quashed. The Appellant is awarded Kshs 800,000 in general damages.
Orders
- General damages – Kshs 800,000/=
- Future medical expenses – Kshs 400,000/=
- Special damages – Kshs 128,723
- Total – Kshs 1,328,723/=
Remedies
- Quashing of the judgment of the trial court
- Award of Kshs 800,000 in general damages
Authorities cited
Cases cited (5)
- Adan Hussein Ali & Another vs Geoffrey Ndiku Mutisya A. H. Hameed Traders [2015] eKLR
- Bashir Ahmed Butt vs Uwais Ahmed Khan [1982-88] KAR 5
- Savanna Saw Mills Ltd Vs Gorge Mwale Mudomo (2005) eKLR
- Mary Muthoni Ndichu vs Heshima Distributors, Nairobi HCCC No 4983 of 1989
- Alphonse Mwatsuma Mwagamchi vs Joseph Mwanza Mwanzu & another [2005] eKLR
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