Automated Summary
Key Facts
The case involves a road accident on 16th January 2019 resulting in respondent's injuries including right foot amputation, fractures, and soft tissue damage. The trial court awarded general damages of Kshs1,500,000 and loss of earning capacity damages of Kshs955,680. The appellate court found the general damages excessive and reduced it to Kshs1,200,000, also adjusting the loss of earning capacity award to Kshs217,200 based on 25% disability assessment.
Issues
- The court determined the respondent's entitlement to damages for diminished earning capacity and evaluated if the awarded Kshs.955,680 was excessive, factoring in disability percentage and earnings.
- The court assessed whether the general damages award of Kshs.1,500,000 was excessive, considering comparable cases and inflation factors.
Holdings
- The court set aside the trial court's award of KES 955,680 for diminished earning capacity and substituted it with KES 217,200, calculating 25% disability based on medical evidence and applying the minimum wage rate.
- The court found the trial court's award of KES 1,500,000 in general damages to be excessive and substituted it with KES 1,200,000 after comparing it to similar cases and accounting for inflation.
Remedies
- Both the general damages and loss of earning capacity awards are subject to a 50% appointment.
- Other heads of damages, not specified, remain unchanged as per the court's decision.
- The award for loss of earning capacity was set aside and substituted with Kshs.217,200, considering a 25% disability and minimum wage calculations.
- Each party is to bear their own costs in this appeal as determined by the court.
- All heads of damages will attract interest at the court's rate from the date of the lower court's judgment.
- The trial court's award of Kshs.1,500,000 in general damages was set aside and substituted with Kshs.1,200,000.
Monetary Damages
1417200.00
Legal Principles
- The court cited Butt vs. Khan (1981) KLR 349, reiterating that appellate courts may only interfere with trial court damage assessments if the award is inordinately high or low, the trial court proceeded on a wrong principle, or misapprehended material evidence. This principle was central to evaluating the excessive general damages claim.
- The court applied the Mumias Sugar Co. Ltd vs. Francis Wanalo (2007) eKLR principle, holding that damages for diminished earning capacity are compensable whether the plaintiff was employed at the time of the accident or not. The respondent, a boda boda operator, was entitled to such damages despite the trial court dismissing his loss of user claim for lack of proof.
- The court referenced Charles Mwaniki vs. Coastal Kenya Enterprises Ltd, emphasizing the need to prove the fact and degree of incapacitation for diminished earning capacity awards. The respondent's 40% disability (per Dr. Muoki) and 10% (per Dr. Bodo) informed the court's 25% average calculation.
Precedent Name
- Maina Onesmas vs. Charles Wajohi
- Murambi & another vs. Citum
- Frankline Chilibasi vs. Kirangi Liston
- Charles Mwaniki vs. Coastal Kenya Enterprises Ltd
- Daniel Augustine & another vs. Patricia Kwamboka
- John Njega Maina vs. Humphrey Kinyua Bukenia
- Jane Njeri Macharia vs. Godfrey Murimi Mnega & another
- Njoki Joseph & another vs. Gerald Kihiu
- Mumias Sugar Co. Ltd vs. Francis Wanalo
Judge Name
S. Chirchir
Passage Text
- The trial court however failed to factor in the degree of disability. ... Kshs.7,240 x12 x 10 x 25/100 = 217,200
- I set aside the award of kshs.955,680 on loss of earning capacity and substitute it with 217,200.
- I find that the award of ksh.1,500,000 was excessive and require the intervention of his court. I therefore set it aside. ... I find that an award of ksh.1,200,000 would be a fair compensation for the aforesaid injuries.