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