Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedCivil Appeal No. 220 of 1996

Jayendra Kumar Haria v Abdulrasul Hussein [1999] KECA 147 (KLR)

Court of Appeal
29 January 1999
RKR. O. KwachALA. A. LakhaEOE. Owuor
574 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal refused to increase a Kshs.100,000 injury award, confirming judges won't touch damage amounts unless the trial court made a clear error.

What this practically means

#

Executive summary

#
The appellant, a fare-paying passenger in the respondent's vehicle, was injured when the vehicle left the Ukunda/Mombasa road at Ngombeni and hit a tree on October 27, 1992. He sued for general and special damages, pleading negligence against the respondent's driver. At trial before Mbogholi Msagha, J in H.C.C.C. No. 112 of 1993, the plaintiff gave evidence and produced two medical reports; the defendant led no evidence. Judgment was entered for the plaintiff on January 30, 1996 for Kshs.100,000 general damages and Kshs.16,920 special damages, with costs and interest. Liability was not challenged on appeal; the sole ground was that the general damages award was so low as to warrant interference. The Court of Appeal (Kwach, Lakha and Owuor JJ.A), in a single judgment of the court delivered at Mombasa on January 29, 1999, re-evaluated the evidence as the first appellate court. It noted the appellant's own evidence that he could still draw and design with his right hand as before, and accepted counsel's concession that the trial judge was fair in inferring minimal disability. Applying the settled principles that interference is warranted only where an irrelevant factor was considered, a relevant factor omitted, or the award is so inordinately low or high as to be a wholly erroneous estimate, the court found no misdirection or error of principle. The appeal was dismissed with costs, affirming the High Court judgment in full.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the award of general damages of Kshs.100,000 was so low as to warrant interference by the appellate court

Key legal issues

#
01

Whether the appellate court was entitled to interfere with the quantum of general damages awarded by the High Court

Holding

The appeal on quantum failed; the trial judge's assessment disclosed no misdirection or error of principle and the award was not inordinately low.

Reasoning

As a first appellate court, the Court of Appeal re-evaluated the evidence. The appellant's own evidence showed the disability was minimal, and counsel conceded the judge was fair in so finding. Applying the settled principles for interference with damages, the court found no irrelevant factor considered, no relevant factor omitted, and no wholly erroneous estimate. Liability was not appealed.

p. 2

Legal principles established

#
  • An appellate court will interfere with an award of damages only where the trial judge took into account an irrelevant factor, left out of account a relevant one, or where the amount is so inordinately low or high that it must be a wholly erroneous estimate of the damage.

Court orders

#
  1. 1.The appeal is dismissed with costs

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

RK
majority
AL
majority
EO
majority
On appeal from
High Court
H.C.C.C. No. 112 of 1993
Jurisdiction invoked
First appeal to the Court of Appeal against the judgment and decree of the High Court (statutory first-appeal jurisdiction)

Relief refused

#

Enhancement of the award of general damages of Kshs.100,000

No misdirection or error of principle by the trial judge; the award was not so inordinately low as to be a wholly erroneous estimate of the damage

p. 2

Costs

The appeal was dismissed with costs to the respondent

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The principles on which an appellate court will interfere with an award of damages are now well settled. This court must be satisfied that the judge either took account an irrelevant factor or left out of account a relevant one, or that, short of this, the amount is so inordinately low or so inordinately high that it must be a wholly erroneous estimate of the damage.
p. 2Principles for appellate interference with awards of damages
Accordingly, the appeal fails and is dismissed with costs.
p. 2Final orders - dismissal of the appeal

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Jayendra Kumar Haria v Abdulrasul Hussein [1999] KECA 147 (KLR)", Case Analysis (1999). Civil Appeal No. 220 of 1996. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/147/eng@1999-01-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.