Automated Summary
Key Facts
The case involves a road traffic accident on 08/02/2022 where the Appellant (Islam Mbaruk Salim) was injured by a vehicle owned by the Respondent (Shankaron Ali Hassan t/a Husma Enterprises). The Appellant sustained a mild head injury, fracture of the right pelvis, bruises on the forehead and neck, and an 8% partial permanent disability. The Trial Court awarded Kshs. 300,000 in general damages and Kshs. 17,665 in special damages. The Appellant appealed the quantum of general damages, citing comparable cases. The Appellate Court increased the general damages to Kshs. 600,000, finding the original award too low relative to similar injuries. The Respondent did not appear in court, leading to an interlocutory judgment. The Appellate Court's decision was partially successful, with costs borne by the Appellant.
Issues
The court assessed whether the trial court's award of Kshs. 300,000 for general damages was inordinately low, considering comparable cases and the nature of the Appellant's injuries (mild head injury, right pelvis fracture, bruises, 8% permanent disability). The appellate court found the award too low and increased it to Kshs. 600,000.
Holdings
- The Appeal succeeds to the extent that the General Damages award of Kshs. 300,000 is set aside and substituted with an award of Kshs. 600,000 based on comparable authorities and the nature of the Appellant's injuries (mild head injury, fracture of the right pelvis, bruises on the forehead and neck, and 8% permanent disability).
- The court exercises its discretion to order that the Appellant bear his own costs, as the appeal was partially successful and litigation must come to an end.
- The rest of the awards, including future medical expenses estimated at Kshs. 30,000 and other damages, remain undisturbed by the court's decision.
Remedies
- The court ordered that the Appellant bear his own costs, as the appeal was partially successful.
- The court increased the General Damages award from Kshs 300,000 to Kshs 600,000 for pain and suffering, citing comparable authorities.
- The court confirmed the award of Kshs 30,000 for future medical expenses, as previously determined by the Trial Court.
Monetary Damages
647665.00
Legal Principles
- The court emphasized the need for consistency in awarding damages for similar injuries to ensure judicial predictability, citing the principle that 'comparable injuries should attract comparable awards.' This was used to justify adjusting the general damages from Kshs. 300,000 to Kshs. 600,000.
- The court outlined that an appellate court may only disturb the quantum of damages if the trial judge either considered an irrelevant factor, omitted a relevant one, or the amount is inordinately low or high. This principle was applied to assess the trial court's award of Kshs. 300,000 for general damages.
Precedent Name
- Kemfro Africa Ltd v Meru Express Service v. A.M Lubia & Another
- Odinga Jacktone Ouma V Maureen Achieng Odera
- Ali Malik Brothers Motor (K) Limited & Another v Emmanuel Oduor Onyango
- Joseph Njeru Luke & 3 others v Stellab Muki Kioko
- George Osewe Osawa v Sukari Industries Limited
Judge Name
F. Wangari
Passage Text
- "The principles to be observed by an appellate Court in deciding whether it is justified in disturbing the quantum of damages awarded by the trial Judge were held in the Court of Appeal for the former East Africa to be that it must be satisfied that either the Judge in assessing the damages, took into account an irrelevant facts or left out of account a relevant one or that short of this, the amount is so inordinately low or so inordinately high that it must be a wholly erroneous estimate of damages."
- "The Appeal succeeds to the extent that the General Damages award of Kshs. 300,000 is hereby set aside and substituted with an award of Kshs. 600,000."
- "In the case of Joseph Njeru Luke & 3 others v Stellab Muki Kioko [2020] eKLR, the Plaintiff sustained pelvic fractures and soft tissue injuries, the High Court reduced the Lower Court's award of Kshs. 1,700,000 to Kshs. 750,000."