Okidi v Fanaka Merchant’S Limited [2023] KEHC 18093 (KLR) | Assessment Of Damages | Esheria

Okidi v Fanaka Merchant’S Limited [2023] KEHC 18093 (KLR)

Full Case Text

Okidi v Fanaka Merchant’S Limited (Civil Appeal E377 of 2021) [2023] KEHC 18093 (KLR) (2 June 2023) (Assessment)

Neutral citation: [2023] KEHC 18093 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil Appeal E377 of 2021

AN Ongeri, J

June 2, 2023

Between

Peter Orwa Okidi

Appellant

and

Fanaka Merchant’S Limited

Respondent

(Being an appeal from the judgment and decree of Hon. D. M. KIVUTI (PM) in Milimani CMCC no. 8038 of 2018 delivered on 4/6/2021)

Assessment

Assessment of Damages 1. The court delivered a judgment on 5/5/2023 setting aside an award of kshs.700,000 in respect of general damages awarded by the trial court.

2. I have considered the submissions relied upon by both parties.

3. The appellant relied on the case of Ngure Edward Karegu vs Yusuf Doran Nassir (2014) e KLR where the plaintiff was awarded 5,000,000 for similar injuries.

4. On loss of future earnings the appellant proposed 4,134,648 worked out as follows 24,611x14x12=4,134,648

5. On the issue of future medical expenses, the appellant proposed kshs.2,000,000/=.

6. The respondent relied on the case of Njau Nyanjui Thitu & Another vs Lawrence Kimani Nyanjui & 7 others(2007) e KLR where the plaintiff was awarded general damages of kshs.520,000 for spine injuries.

7. I award general damages and special damages as follows;i.General damages for pain & suffering 2,000,000ii.Loss of future earning 4,134,648iii.Future medical expenses 2,000,000iv.Replacement of teeth 70,000Total 8,204,648

8. Judgment be and is hereby entered in favour of the appellant against the respondent in the sum of ksh.8,204,648/= together with costs of this suit and interest at court rates from the date of the original judgment (4/6/2021) until payment in full.

9. Orders to issue accordingly.

DATED, SIGNED AND DELIVERED ONLINE VIA FULL MICROSOFT TEAMS AT NAIROBI THIS 2ND DAY OF JUNE, 2023. ..................A. ONGERIJUDGEIn the presence of:……………………………. for the Appellant……………………………. for the Respondent