JOSHUA OTIENO KOGA vs AMAJIT KAUR [2000] KEHC 164 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 3563 OF 1990

JOSHUA OTIENO KOGA…………………………..………………..PLAINTIFF -VERSUS- AMAJIT KAUR……………………………………………………….DEFENDANT

JUDGEMENT

Judgement on liability was entered on 17. 7.2000 at 70:30% in the Plaintiff’s favour.

Quantum

The Plaintiff suffered the following injuries according to Dr. Gichuru Kuria’s medical report.

(1) Fracture of the upper 1/3 of the right tibia

(2) A horizontal cut over the left eyelid.

(3) Blunt injury to the left pelvis.

(4) Injury to his gum and dislodgement of the upper two left incissors.

I have considered the cases cited by the parties – comparing the injuries in those case with those of the plaintiff and I award the sum of Kshs.250,000/- as damages.

There will be judgement for the plaintiff for kshs.250,000/- and Kshs.800/- as special damages.

The plaintiff shall have the cost of the suit and interest.

Dated and delivered this 5th day of October, 2000.

KASANGA MULWA

JUDGE