1st Plaintiff v. 1st and 2nd Defendants (Road Traffic Accident - Quantum)
The bottom line
#In Kenyan RTA claims, you must specifically plead and strictly prove every shilling of medical expenses you seek.
What this practically means
#Executive summary
#Key legal issues
#Quantum of general damages for severe head injuries, facial fractures, traumatic amputation of part of the ear and multiple soft-tissue injuries
Kshs. 2,000,000 awarded, taking comparable awards into account and adjusting for inflation
The court compared the injuries with those in the authorities cited by both sides, found Victor Ramogi Raburu the closest comparator, noted it was decided over ten years earlier, and adjusted upwards for inflation to arrive at Kshs. 2,000,000.
Proof of special damages
Only the pleaded sum of Kshs. 1,976,106.82 awarded, supported by receipts produced in a supplementary list of documents
Applying the rule that special damages must be specifically pleaded and strictly proved, the court noted receipts totalling more than the pleaded figure but confined the award to the pleaded amount of Kshs. 1,976,106.82.
Interest on damages
Interest awarded on both heads: general damages from date of judgment, special damages from date of filing suit
The court applied the long-standing principle that interest is discretionary but general damages attract interest from judgment, the date the principal obligation is established, and declined the defendants' plea to deny interest for delay.
Legal principles established
#- Special damages must be both specifically pleaded and strictly proved
- Interest on general damages runs from the date of judgment, when the principal obligation to pay is established; special damages attract interest from the date of filing suit
Court orders
#- 1.General damages of Kshs. 2,000,000 awarded to the 1st plaintiff
- 2.Special damages of Kshs. 1,976,106.82 awarded to the 1st plaintiff
- 3.Interest on general damages from the date of judgment and on special damages from the date of filing the suit
- 4.Award subject to contribution as per the consent on liability (70%:30% in favour of the plaintiffs)
- 5.Costs of the suit awarded to the 1st plaintiff
- Jurisdiction invoked
- Original civil jurisdiction of the High Court over a plaint claiming damages for personal injuries arising from a road traffic accident
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "1st Plaintiff v. 1st and 2nd Defendants (Road Traffic Accident - Quantum)", Case Analysis (2020). Not stated in the judgment text provided. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.