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    Civil Appeal 129 of 2015

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    This judgment dismissed an appeal from a lower court's ruling that awarded damages of Kshs. 80,000 to the respondent, a minor who was injured in a traffic accident while traveling in the appellant's vehicle. The appellant argued the damages were too high, but the court found the award was not excessive given the injuries suffered and upheld the original damages amount. The court also adopted the lower court's finding of liability from a similar test case.

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    Civil Appeal 129 of 2015

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    This judgment dismissed an appeal from a lower court's ruling that awarded damages of Kshs. 80,000 to the respondent, a minor who was injured in a traffic accident while traveling in the appellant's vehicle. The appellant argued the damages were too high, but the court found the award was not excessive given the injuries suffered and upheld the original damages amount. The court also adopted the lower court's finding of liability from a similar test case.

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    This judgment dismissed an appeal from a lower court's ruling that awarded damages of Kshs. 80,000 to the respondent, a minor who was injured in a traffic accident while traveling in the appellant's vehicle. The appellant argued the damages were too high, but the court found the award was not excessive given the injuries suffered and upheld the original damages amount. The court also adopted the lower court's finding of liability from a similar test case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    35 views2 pages

    Civil Appeal 129 of 2015

    Uploaded by

    vus
    This judgment dismissed an appeal from a lower court's ruling that awarded damages of Kshs. 80,000 to the respondent, a minor who was injured in a traffic accident while traveling in the appellant's vehicle. The appellant argued the damages were too high, but the court found the award was not excessive given the injuries suffered and upheld the original damages amount. The court also adopted the lower court's finding of liability from a similar test case.

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    of 2

    Daniel Nyandika Kimori v V A O (minor suing through mother and next friend) M A O [2016] eKLR

    REPUBLIC OF KENYA

    IN THE HIGH COURT OF KENYA AT MIGORI

    CIVIL APPEAL NO.129 OF 2015

    BETWEEN

    DANIEL NYANDIKA KIMORI .................................... APPELLANT

    AND

    V A O (minor suing through mother

    and next friend) M A O ....................................... RESPONDENT

    (An appeal from the judgment and decree of Hon. Z. Nyakundi (PM)

    in Rongo PMCC No.177 of 2010 dated 5th June, 2012)

    JUDGMENT

    1. The appellant DANIEL NYANDIKA KIMORI has filed this appeal against V A O (suing through mother
    and next friend M A O) who obtained judgment against him and was awarded general damages of
    Kshs.80,000/-

    2. The background to this matter is that the Respondent who was a minor travelling in motor vehicle
    Reg. No. KAQ 143 (owned by the appellant) sustained injuries, when the said motor vehicle was
    involved in a traffic accident which she blamed on the appellant’s negligence.

    3. The appellant denied liability and This matter falls in a serious of cases filed in the lower court where
    parties agreed to use PMCC No.178 of 2010 as a test case on liability. Subsequently the same files
    have come up for appeal with PMCC No.178 of 2010 now being HCA No.130 of 2015.

    4. The facts are all similar and the only differences are the injuries sustained by the different claimants
    and the damages awarded.

    5. I therefore adopt the judgment on liability in HCCA No.130 of 2015 mutatis mutandis.

    6. As regards the damages awarded, the appellants counsel has submitted that the sum was awarded
    without any basis and is inordinately high because the respondent only suffered soft tissue injuries which
    had healed without any residual incapacity. He proposed that the respondent be awarded damages of
    Ksh. 50,000/-. The respondent’s counsel argued that the sum was not inordinately high so as to warrant
    reduction.

    http://www.kenyalaw.org - Page 1/2


    Daniel Nyandika Kimori v V A O (minor suing through mother and next friend) M A O [2016] eKLR

    7. The Respondent in her testimony, supported by medical report prepared by Dr. Ajuoga was that she
    suffered soft tissue injuries to the head and chest and cerebral concussions. I am keenly aware of the
    position stated in the case of BUTT versus KHAN [1981] KLR 389 which stated that

    “...An appellate court will not disturb an award of damages unless it is so inordinately high or low
    as to represent an entirely erroneous estimate. It must be shown that the judge proceeded on
    wrong principles or that he misapprehended the evidence in some material aspect, and so
    arrived at a figure which was inordinately high or low...”

    7. I have considered the past decisions cited by the respondent’s counsel and I am persuaded that
    taking into account the injuries visa vis the current value of the Kenyan shilling and the rate of inflation,
    the sum awarded of Ksh. 80,000/- was not inordinately excessive and I decline to interfere with the
    award.

    8. Consequently the appeal is dismissed in its entirety. The appellant shall bear the costs of this appeal.

    DATED, SIGNED and DELIVERED at MIGORI this 11th day of November, 2016

    H. A. OMONDI

    JUDGE

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