Kimani & another v Wafula (Civil Appeal E212 of 2024) [2026] KEHC 5982 (KLR) (5 May 2026) (Judgment)
- Court
- High Court
- Case number
- 5982
- Citation
- [2026] KEHC 5982 (KLR)
- Decided
- 5 May 2026
- Judge
- SM Mohochi
- Parties
- raw · defendants · plaintiffs
The Court of Appeal upheld the Trial Court's award of Kshs. 5,000,000 in general damages and Kshs. 1,152,000 for diminished earning capacity, finding the Trial Court's treatment of the claim for loss of earning capacity and future earning capacity to be unclear.
Facts
The Respondent was a passenger in a vehicle when it was rammed by the Appellants' vehicle, causing serious injuries. The Appellants denied the occurrence and blamed the other vehicle for the accident.
Issues
- Quantum of damages
- Loss of future earning capacity
Reasoning
The Court of Appeal agreed with the Appellants that the award for diminished earning capacity is in the nature of general damages and is often classified with pain and suffering. The Court found the Trial Court's treatment of the claim for loss of earning capacity and future earning capacity to be unclear.
Outcome
Affirmed
Authorities cited
Cases cited (5)
- Selle vs. Associated Motor Boat Co. [1968] EA 123
- Peters vs Sunday Post Limited [1958] EA 424
- William J Butler v Maura Kathleen Butler [1984] KECA 34 (KLR)
- Naomi Nyambura Karanja (suing as the Administrators of the Estate of Simon Karanja Miringu (Deceased) v Zacharia Muteru Kadunga & another [2021] eKLR
- Fairely vs John Thompson ( Design & Contracting Division) Ltd [1973] 2 Lloyd’s Rep 40,42(CA)
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