REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL APPEAL NO. E242 OF 2025 AMIN ALI MOHAMED ........................................................ APPELLANT -VERSUSHABIB JIWAN .................................................................... RESPONDENT (Being an appeal against the judgement on Quantum by Hon. J. W. Mwangi (RM) delivered on 29th July, 2025 in Mombasa SCCC No. E219 of 2025). JUDGEMENT 1. In his statement of claim dated 7th May, 2025 the appellant averred that on or about 10th March, 2025 he was a careful and law-abiding pedestrian along Shanzu – Old Malindi Road when motor vehicle registration number KDQ 757 X owned and driven by the respondent and or authorized driver, servant and or agent was carelessly, recklessly and or negligently driven causing it to lose control, veer off the road and ram the claimant whereof the claimant suffered severe bodily injuries. 2. The claimant, therefore, sought compensation and special damages of Ksh.2800 and costs and interest. 3. In her judgement the trial court found the respondent 100% liable and awarded special damages of Ksh. 2,800 and compensation of Kshs.65,000. CIVIL APPEAL NO. E242 OF 2025 (Amin Ali Mohamed -vs-Habib Jiwan JUDGEMENT 1|Page
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4. Being dissatisfied with sum awarded, the appellant preferred this appeal. The appeal is based on 5 grounds which can be summarised as follows: a) That the learned trial magistrate erred in law by erroneously departing from settled judicial principles and finding that the appellant was only entitled to Kshs.65,000 as general damages for pain and suffering. b) The learned trial magistrate erred in law in finding that the appellant was entitled to only Ksh. 65,000 as general for multiple injuries suffered. c) That the figure awarded as general damages is inordinately low. 5. In his statement of claim the claimant was averred that he suffered the following injuries: a) Bruises/abrasions on the head. b) Bruises/abrasions on the neck. c) Bruises/abrasions on the left hand. d) Blunt trauma to the lower back. e) Bruises and abrasions on the left knee. 6. To prove the injuries, the claimant produced P3 form (P. Exhibit 2), treatment notes from Coast Teaching and Referral Hospital and Medical report by Dr. Kiema of My Clinic. 7. The issue for determination by the court is whether the award of Kshs.65,000 herein to compensate the claimant for the injuries suffered is inordinately low. 8. In their submissions the appellant’s counsel proposes an award of Kshs.200,000 CIVIL APPEAL NO. E242 OF 2025 (Amin Ali Mohamed -vs-Habib Jiwan would JUDGEMENT have been adequate 2|Page
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compensation. The appellant relies on the following authorities: a) Poa Link Services Co. Ltd -vs- Sindani Boaz Bonzemo (2012) eKLR (Bungoma HCCC No. 17 of 2019) in which Riech J. upheld an award of general damages of Kshs.350,000 from blunt injuries to the chest, bruises to the chest, bruises to the lower abdomen, bruises of the right hip joint, bruises of the thigh and bruises of the knee. b) Catherine Wanjiru Kingori K. Bottlers -vs- Gibson Theuri Gichubu (2005)eKLR. In the above case the plaintiff suffered multiple soft tissue injuries to the left elbow joint and injuries to both ankles and was awarded Kshs.350,000/= as general damages. c) In Daniel Gatua Ndungu & Another -vs- Harrison anyone Katana (2020)eKLR. In the above case the respondent sustained cut wound on the head, blunt injury to the right knee, multiple bruises in the upper limbs and bruises on the right knee and the High Court substituted amount awarded of Ksh. 350,000 of the lower court with an award of Kshs.140,000. 9. In this case the soft tissue injuries suffered by the claimant herein were relatively fewer and minor in comparison with those suffered by the claimants above. This court, however, finds that an award of Kshs.65,000 is relatively low considering inflation over the years. The court, therefore sets aside the award and substitute it with an CIVIL APPEAL NO. E242 OF 2025 (Amin Ali Mohamed -vs-Habib Jiwan JUDGEMENT 3|Page
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award of Kshs.120,000. The appellant is also awarded the costs of this appeal. Dated, signed and delivered virtually this 31st day of July, 2026. Hon. P. K. Rotich JUDGE In the presence of: Wagumbi holding brief for Mr. Ahenda for the Respondent C/A Kipchirchir CIVIL APPEAL NO. E242 OF 2025 (Amin Ali Mohamed -vs-Habib Jiwan JUDGEMENT 4|Page
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