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MagistrateAllowedCivil Case E001 of 2025· [2025] KEMC 193 (KLR)

Wanje v Azan Motors Limited & 2 others (Civil Case E001 of 2025) (16 May 2025) (Interim Judgment) [2025] KEMC 193 (KLR)

Lamu Law Courts (Principal Magistrate's Court)
16 May 2025
FMF.M. Mulama
1,060 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Lamu court awarded a motorcyclist Kshs.152,550 after the defendants ignored the lawsuit, showing defaulting defendants face full liability and costs.

What this practically means

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Executive summary

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This is an interim (formal proof) judgment of the Lamu Principal Magistrate's Court in a road traffic accident claim. The plaintiff, a motorcyclist, sued Azan Motors Limited, Ahmed Abdi and Mohamed Bwana over an accident of 11/12/2024 along the Witu-Kibaoni road at Pangoni, in which motor vehicle KDR 739V allegedly lost control and hit his motorcycle KMGL 877E, causing a cut wound on the left big toe, a cut on the left lower limb and blunt injury to the left knee. The defendants were served but never entered appearance, and interlocutory judgment was entered on 11/4/2025. The court framed three issues: liability, quantum and costs. Following William Wagura Maigua v Elbur Flora Limited, it held that entry of interlocutory judgment settled liability without the need for further evidence, and found the defendants 100% liable jointly and severally. On quantum, applying the comparable-injuries principle and distinguishing authorities involving fractures and amputation of a toe, and factoring inflation and the passage of time, the court awarded Kshs.150,000/= in general damages for pain and suffering. Specially pleaded special damages of Kshs.2,550/= for the medical report and motor vehicle records search were allowed on production of receipts. The plaint was allowed in the total sum of Kshs.152,550/=, with costs of the claim and interest from the date of judgment until payment in full.

Key legal issues

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01

Liability upon entry of interlocutory judgment

Holding

The defendants, having been served and failing to enter appearance, were 100% liable jointly and severally; interlocutory judgment settled liability.

Reasoning

The defendants were duly served but did not enter appearance or file a defence, and interlocutory judgment was entered on 11/4/2025. Relying on William Wagura Maigua v Elbur Flora Limited, the court held that entry of interlocutory judgment settles liability without further proof. The court found the defendants 100% liable jointly and severally for the accident.

p. 2
02

Quantum of general damages for soft tissue injuries

Holding

General damages of Kshs.150,000/= awarded for cut wound on the left big toe, left lower limb and blunt injury to the left knee.

Reasoning

The court applied the principle of comparable injuries attracting comparable awards. Considering the authorities cited, which involved more serious injuries (fracture and amputation of a toe), the rate of inflation and the passage of time, and that the injuries were soft tissue injuries with no permanent disability, it fixed Kshs.150,000/= as adequate compensation for pain and suffering.

p. 3
03

Special damages

Holding

Kshs.2,550/= specially pleaded special damages allowed as proved by receipts.

Reasoning

The plaintiff pleaded Kshs.2,550/= being costs of obtaining the medical report and motor vehicle copy of records. Special damages must be specifically pleaded and proved. The amounts were proved by receipts dated 27/1/2025 for Kshs.2,000/= and 17/1/2025 for Kshs.550/=, and were allowed in full.

p. 3

Legal principles established

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  • Entry of interlocutory judgment settles the issue of liability, and the plaintiff is under no obligation to call further evidence to prove it.
  • Comparable injuries should attract comparable awards in assessing general damages.
  • Special damages must be specifically pleaded and proved.
  • Costs follow the event.

Court orders

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  1. 1.The plaint dated 12th February 2025 is allowed with liability assessed at 100% against the defendants
  2. 2.General damages of Kshs.150,000/= awarded
  3. 3.Special damages of Kshs.2,550/= awarded
  4. 4.Total award of Kshs.152,550/=
  5. 5.The plaintiff is awarded costs of the claim
  6. 6.Interest from the date of judgment until payment in full

Authorities

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Cases cited (7)

  • William Wagura Maigua vs Elbur Flora Limited
    (2012) eKLR
  • Odinga Jacktone Ouma vs Moureen Achieng Odera
    [2016] eKLR
  • John Wambua vs Mathew Makau Mwalolo & another
    [2020] eKLR
  • Peter Kioko & another vs Hellen Muthee Muema
    [2018] eKLR
  • National Cereals & Produce Board vs Protas Wafula Wanyama
    [2018] eKLR
  • John Kipkemboi & another vs Bramwel Vukinu
    [2020] eKLR
  • Bernard Makau vs Prime Steel limited
    [2018] eKLR
Jurisdiction invoked
First-instance civil claim in tort before the Principal Magistrate's Court; interlocutory judgment entered on 11/4/2025, resided for formal proof

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Wanje v Azan Motors Limited & 2 others (Civil Case E001 of 2025)  (16 May 2025) (Interim Judgment) [2025] KEMC 193 (KLR)", Case Analysis (2025). Civil Case E001 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/193/eng@2025-05-16

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