Automated Summary
Key Facts
On 28 July 2022, the plaintiff (a veterinary doctor) was injured in a road accident involving his vehicle (KAS 365H) and the defendant's vehicle (KCD 642Z) in Kampi-Somali area. The defendant admitted 90% liability. The plaintiff claimed general and special damages totaling Kshs. 1,402,135, future medical expenses of Kshs. 1,500,000, and professional losses. The court dismissed claims for unproven future medical expenses and lost income but awarded partial damages for vehicle repairs and medical expenses.
Issues
- The court examined the admissibility of future medical expenses claims, concluding they were unproven as no medical reports confirmed ongoing treatment needs, leading to dismissal of this claim in full
- The court assessed general damages for the plaintiff's injuries, referencing past cases and adjusting for inflation and the plaintiff's 10% contributory liability, ultimately awarding Kshs. 2,178,000/=
- The court determined that the plaintiff's claims for loss of veterinary earnings and professional capacity were unproven due to lack of evidence confirming his profession or incapacitation, resulting in disallowance of these claims
Holdings
- Special damages for motor vehicle repair costs of Kshs. 380,000/= were awarded as the defense conceded. The plaintiff proved this amount through an assessor's report.
- The court dismissed claims for future medical expenses, transport, and loss of income estimated at Kshs. 3,177,500/= due to lack of proof. Medical reports confirmed the plaintiff had healed and could return to work.
- The court awarded general damages for pain and suffering of Kshs. 2,178,000/= and special damages of Kshs. 376,020/=. These awards are subject to the plaintiff's 10% contribution to liability as agreed.
Remedies
- The defendant is ordered to pay the costs of the suit and interest at court rates, as part of the judgment.
- Special damages awarded for proven medical expenses (Kshs. 37,800/-) and vehicle repair costs (Kshs. 380,000/-), totaling Kshs. 417,800/-. This amount is subject to the plaintiff's 10% liability contribution.
- General damages awarded for pain and suffering amounting to Kshs. 2,178,000/-. This amount accounts for the plaintiff's injuries and is subject to their 10% liability contribution.
Monetary Damages
2554020.00
Legal Principles
- Damages were adjusted downward by 10% to reflect the plaintiff's partial liability (10%) as consented to by both parties, illustrating a principle of apportioning liability based on contributory fault.
- The court emphasized that claims for future medical expenses and lost income require strict proof, as the plaintiff must demonstrate these losses through evidence rather than mere allegations.
- The court applied a purposive approach in interpreting the requirement to plead future medical expenses, noting that approximate figures suffice given uncertainties in future costs.
Precedent Name
- Simon Taveta Vrs Mercy Mutitu Njeru
- Fairley Vrs John Thomson Ltd
- Butler v Butler
- Tayab Vrs Kinanu
- Denshire Muteti Wambua Vrs Kenya Power & Lighting Co. Ltd
- Cecilia Mwangi & Another v Ruth W. Mwangi
- Joseph Poko Ochieng' Vrs Kenya Bus Services (msa) Limited
- S J VRS Francesco Di Nello & Another
- WEST (H) & Son Ltd Vrs Shepherd
- Forwarding Company Limited & Another Vrs Kisilu; Gladwell
- Tracom Limited & Another Vrs Hassan Mohamed Adan
- Kenya Bus Services Ltd vs. Gituma
- KARANI VRS NCHEDU
- Kenya Power & Lighting Company Limited Vrs Amk
Judge Name
Aloyce-Peter Ndege
Passage Text
- Guided by the above principles, I find that Kshs. 1,100,000/= awarded to the victim in 1986... I do therefore award the same subject to his 10% contribution in liability as consented to herein.
- There is thus no proof of the future medical expense... I do therefore dismiss the claim for the same in its entirety.
- Judgment is hereby therefore entered for the plaintiff... Kshs. 2,178,000/= and Special damages of Kshs. 376,020/=