Muriithi v Gakui & another (Civil Case 211 of 2013) [2014] KEMC 13 (KLR) (30 October 2014) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 13
- Citation
- [2014] KEMC 13 (KLR)
- Decided
- 30 October 2014
The court awards Kshs. 120,000/= as general damages for the injuries pleaded and proved by the plaintiff.
Facts
Susan Wambui Muriithi sued James Muya Gakui and John Mwangi Nguitu for injuries sustained in an accident while travelling as a pillion passenger on the defendant's motorcycle. The defendants failed to enter appearance and defend the case, leading to a judgment against them for special damages.
Issues
- Award of general damages for the injuries sustained by the plaintiff
- Applicability of previous authorities to the injuries sustained by the plaintiff
Reasoning
The court awards general damages based on the nature of the injuries sustained by the plaintiff, which included tender swelling of the right knee joint and a partial tear of the lateral collateral ligament of the right knee joint.
Outcome
Judgment entered in favor of the plaintiff and against the defendants for special damages of Kshs. 35,576/= and general damages of Kshs. 120,000/=
Orders
- Plaintiff to get the costs of the suit and interests at court rates
Authorities cited
Cases cited (1)
- DR. PAUl M. Ndirangu Vrs V. K. Pattni & Anor. [2010] eKLR
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