Masani v Ndolo & another; Makindu Motors Limited & another (Third party) (Civil Case 57 of 2019) [2025] KEMC 302 (KLR)
The bottom line
#A Kenyan court awarded a boda boda rider Ksh. 475,000 after halving damages for shared fault, but cut his expenses claim for lacking receipts.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the plaintiff sustained injuries, loss and damage as a result of the alleged accident
- 2.Whether the plaintiff is entitled to damages and if so, the nature and quantum thereof
- 3.Who should bear the costs of this suit
Key legal issues
#Whether the plaintiff proved that he sustained injuries in the accident
The medical evidence proved the plaintiff sustained fractures of the proximal right fibula and right tibial plateau and soft tissue injuries on the left elbow joint, entitling him to damages against the defendants
The court reviewed the medical evidence on record, which recorded three categories of injuries, and noted there was no contrary evidence. Given the prior test-suit finding on liability (50/50), the plaintiff was entitled to damages as against the defendants.
Quantum of general damages for pain, suffering and loss of amenities
An award of Ksh. 950,000/= in general damages was appropriate, considering the injuries, comparable authorities and inflation
The court applied established principles: damages compensate rather than enrich; awards should be commensurate with injuries; decided cases are mere guides; inflation must be considered; awards should not be inordinately high or low. The injuries (fractures and soft tissue harm) were compared with awards of Ksh. 500,000/= to 1,000,000/= in comparable authorities.
Whether special damages of Ksh. 3,050/= were payable in full
Only Ksh. 550/= for the motor vehicle search was awarded, as only that claim was supported by a receipt
The court reiterated that each particular type of special damage must be pleaded and strictly proved. Although the plaintiff pleaded medical expenses, motor vehicle search and medical report costs, only the motor vehicle search was supported by a receipt; the unproved heads were disallowed.
Interest on the awards
Interest on general damages accrues at court rates from the date of judgment/decree; interest on special damages runs from the date of filing suit to the date of judgment/decree
Relying on section 26 of the Civil Procedure Act and authorities including Jane Wanjiku Wambui and Omunyokol Akol Johnson, the court held that interest is discretionary, but special damages attract interest from the date of loss because they are ascertainable then, while general damages attract interest from the date of judgment when they are only ascertained.
Legal principles established
#- Special damages must be specifically pleaded and strictly proved
- Interest on special damages runs from the date of loss/filing suit while interest on general damages runs from the date of judgment
- Assessment of general damages is a judicial discretionary exercise guided by comparable awards and moderation
Court orders
#- 1.General damages for pain, suffering and loss of amenities of Ksh. 950,000/=, less 50% contributory negligence, leaving a balance of Ksh. 475,000/= due to the plaintiff
- 2.Special damages of Ksh. 550/= (motor vehicle search only), subject to the 50% apportionment
- 3.Interest on general damages at court rates from the date of judgment/decree until payment in full
- 4.Interest on special damages from the date of filing suit to the date of judgment/decree
- 5.Half the costs of the suit awarded to the plaintiff in view of the finding on liability
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original civil jurisdiction of the magistrates' court over a road traffic accident claim
Relief refused
#Special damages claims for medical expenses (Ksh. 100/=) and medical report (Ksh. 2,500/=)
Only the motor vehicle search claim was supported by a receipt; special damages must be strictly proved
Costs
The plaintiff is awarded HALF the costs of the suit, in view of the finding on liability.
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.
1. General damages for pain, sufiering and loss of amenities...Ksh. 950,000/= 2. Special damages........Ksh. 550/= Total..............Ksh. 950,550/= Less 50%........Ksh. 475,000/= Balance due to the plaintifi...Ksh. 475,000/=
The plaintifi is also awarded interest on the damages as well as HALF the costs of the suit, in view of the finding on liability.
Consequently, interest on general damages shall accrue at court rates from the date of judgment/decree until payment in full and on special damages, from the date of filing suit to the date of judgment/ decree.
It is trite law that special damages must be specifically pleaded and strictly proved.
Having the above principles in mind and having considered the injuries sustained by the plaintifi herein, as well as the vagaries of infiation, I find that an award of Ksh. 950,000/= in general damages would sufice. I award the same.
Issues in the judgment
#Arithmetic discrepancy in the apportionment: half of Ksh. 950,550/= is Ksh. 475,275/= but the judgment states 'Less 50%........Ksh. 475,000/=' and awards a balance of Ksh. 475,000/=
The defendant authorities were not annexed copies; the court noted it could not verify them
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masani v Ndolo & another; Makindu Motors Limited & another (Third party) (Civil Case 57 of 2019) [2025] KEMC 302 (KLR)", Case Analysis (2025). Makindu SPMCC Civil Case (number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/302/eng@2025-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.