Maganga v Kyoha Hauliers Kenya Limited; Co-op Bank Fleet Africa Leasing Limited (Third party) (Civil Case E071 of 2025) [2025] SCC 18 (KLR) (18 November 2025) (Judgment)
- Court
- SCC
- Case number
- 18
- Citation
- [2025] SCC 18 (KLR)
- Decided
- 18 November 2025
The respondent is found liable for 100% of the accident. The claimant is awarded Kshs.270,000/= for pain and suffering, Kshs.4,200/= for special damages, and Kshs.47,400/= for future medical expenses. The claimant is awarded costs of the claim.
Facts
The claimant, Maganga, was a passenger in a vehicle driven by the respondent, Kyoha Hauliers Kenya Limited, when the vehicle rammed into her vehicle, causing injuries.
Issues
- liability of the respondent and third party
- quantum of damages
- costs of the claim
Reasoning
The court considered previous cases to determine the appropriate quantum of damages for the claimant's injuries, awarding Kshs.270,000/= for pain and suffering, Kshs.4,200/= for special damages, and Kshs.47,400/= for future medical expenses.
Outcome
The respondent is found liable and ordered to pay the claimant Kshs.270,000/= for pain and suffering, Kshs.4,200/= for special damages, and Kshs.47,400/= for future medical expenses. The respondent is also ordered to pay the claimant's costs.
Orders
- The claim by the respondent as against the third party is dismissed with costs to be borne by the respondent.
- The claim contained in the statement of claim dated 16th September 2025 is allowed in the following terms as against the respondent: Liability 100%, General damages Kshs.270,000/=. Special damages Kshs.4,200/=
Remedies
- Kshs.270,000/= for pain and suffering
- Kshs.4,200/= for special damages
- Kshs.47,400/= for future medical expenses
- Costs of the claim
Authorities cited
Cases cited (2)
- Elizabeth Wamboi Gichoni v JOO (Minor suing through mother and next of friend) VAA [2019] KEHC 743 (KLR)
- Ogembo & another vs Maisa [2023] KEHC 436 (KLR)
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