Jubilee Haulers Limited & 2 others v Brian Muchiri Waihenya

The respondent gave unchallenged evidence, corroborated by an eye witness and police evidence, that the oncoming lorry encroached onto the passenger vehicle's lane. The police investigation report relied on by the appellants was neither signed nor dated, and thus had no legal value. The appellants, who pleaded contributory negligence of the other driver, neither instituted third-party proceedings nor adduced any evidence, leaving their pleadings unsubstantiated.

Loss of earning capacity is not a special damage requiring strict proof; it is compensated as general damages once diminution of earning power is shown. The respondent, a 19-year-old university student rendered a complete paraplegic with 100% disability, had his earning capacity considerably diminished, if not extinguished. The multiplier of 30 years was not unreasonable and the multiplicand of ½ accounted for vicissitudes of life.

Although assessment of damages is a judicial discretion interferable with only on established principles, the court must ensure awards are reasonable and within limits set by comparable cases and what the Kenyan economy can afford. Comparing a similar paraplegia case awarded Kshs.3,800,000 in September 2014 and factoring inflation, Kshs.4,000,000 was reasonable.

Special damages must be specifically pleaded and strictly proved. The additional Kshs.459,455 incurred between filing of the amended plaint and hearing was proved by receipts but never pleaded; the trial judge's justification that amendment pending suit was impractical was contrary to established principle. It mattered not that the appellants did not object to production of the receipts.