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Case Brief · caselaw.co.ke
Small ClaimsPartially AllowedNot stated in judgment

Makola v Wamaitha & another (Civil Case E006 of 2024) [2024] SCC 7 (KLR)

Small Claims Court
15 November 2024
948 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Lamu Small Claims Court held salon assaulters fully liable for battery, awarding about Kshs.71,000 because no medical report proved worse injuries.

What this practically means

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Executive summary

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This was a claim heard by formal proof at the Lamu Small Claims Court, the respondents having been served but not appearing. The claimant, a salon operator in Witu, alleged that on 27/5/2024 the respondents assaulted her with blows and kicks without justification, rendering her unconscious and destroying two plastic chairs, a blow dryer machine and a Tecno phone. She sustained a cut wound to the lower lip, bruising to the left upper limb, bilateral tender thighs, a tender suprapubic region and a cut wound to the right mid sole, confirmed by a P3 form assessing the degree of injury as harm. She sought general and exemplary damages for battery, special damages of Kshs.10,900/=, costs and interest. The Adjudicator defined battery using Black's Law Dictionary and, in the absence of rebuttal, found the respondents 100% liable jointly and severally. On quantum, the court noted no medical report had been filed to classify the soft tissue injuries and, applying the principle that similar injuries attract similar awards, followed the Kshs.60,000/= award for battery damages in Eunice Auma Onyango v Salin Akinyi Oluoch rather than the Kshs.200,000/= sought based on inflation-adjusted comparators. The pleaded special damages of Kshs.10,900/= were proved by receipts and allowed. The claim was allowed with costs; interest on general damages runs from judgment and on special damages from filing, and the file was closed.

Key legal issues

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01

Liability for the tort of battery

Holding

The respondents were held 100% liable jointly and severally for battery

Reasoning

The claimant testified that on 27/5/2024 the respondents assaulted her at her salon in Witu with blows and kicks without justification, rendering her unconscious and destroying property. A P3 form confirmed injuries assessed as harm. The respondents did not respond or rebut, and the court found the uncontroverted evidence established battery.

p. 2
02

Quantum of damages for battery

Holding

General damages of Kshs.60,000/= awarded

Reasoning

The court adopted the principle that similar injuries should attract similar awards. Since no medical report classified the type or severity of the soft tissue injuries, the court followed the award of Kshs.60,000/= for battery damages in Eunice Auma Onyango v Salin Akinyi Oluoch rather than the Kshs.200,000/= sought.

p. 3
03

Special damages

Holding

Kshs.10,900/= for destroyed salon property (2 plastic chairs, blow dryer machine, Tecno phone) proved by receipts and allowed

Reasoning

Special damages must be specifically pleaded and proved. The court examined the receipts produced and found they sufficiently proved the pleaded expenses.

p. 3

Legal principles established

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  • Similar injuries should attract similar awards in terms of compensation
  • Special damages must be specifically pleaded and proved

Court orders

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  1. 1.The claim succeeds and the respondents are found 100% liable jointly and severally
  2. 2.The claimant is awarded Kshs.60,000/= as damages for the tort of battery
  3. 3.The claimant is also awarded Kshs.10,900/= as special damages
  4. 4.The claimant is awarded costs and interest of the claim; interest on general damages from the date of judgment and special damages from the date of filing of claim until payment in full
  5. 5.Let the file be closed forthwith
Jurisdiction invoked
Small Claims Court Act (original jurisdiction over the claim; provision not specified in judgment)

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, "Makola v Wamaitha & another (Civil Case E006 of 2024) [2024] SCC 7 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2024/7/eng@2024-11-15

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