Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In Daniel Oduor Shieunda v Chrispher Wambugu [2021] eKLR it is important to reconcile the award with the degree of permanent incapacity which was assessed at 12%.…
…incapacity assessed at 10%.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The medical report put the appellant’s degree of permanent incapacity at 30%.…
…Where the two medical reports differ, is the aspect of permanent incapacity, whereas the report by Dr. Okere indicates 30%, the report by Dr. Kahuthu indicates no permanent incapacity sustained.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…A medical assessment placed his permanent incapacity at ten percent (10%) of the lower left limb. 3.…
…He further relies on the assessment of permanent incapacity at 10% of the lower left limb, the residual scarring on the left leg and the consequent reduction in his mobility.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The respondent was considered to have suffered grievous harm with a permanent incapacity of 30%. The respondent sought general and special damages, costs and interest in the suit.…
…The appellant suffered a fracture of the left distal tibia and distal fibula, soft tissue injuries and permanent incapacity were assessed at 30%. The S.D.V Transami K.…
Division and case type: High Court DivCivil Appeal
…He contended that the Respondent's medical evidence assessed permanent incapacity at 15% and not 30% as suggested in the cross-appeal.…
…Both medical reports confirmed the nature of these injuries and assessed permanent incapacity at between 10% and 15%. 28.…
Division and case type: High Court CivilCivil Appeal
…incapacity of about 7% 5.…
…She submitted in particular the fracture of the 7th cervical vertebra, loss of consciousness and the permanent incapacity assessed at 7% were serious factors.…
Division and case type: High Court DivCivil Appeal
…He contended that the Respondent's medical evidence assessed permanent incapacity at 15% and not 30% as suggested in the cross-appeal.…
…Both medical reports confirmed the nature of these injuries and assessed permanent incapacity at between 10% and 15%. 28.…
Division and case type: High Court DivCivil Appeal
…incapacity 10.…
…In the present case, it was not disputed that the Respondent suffered a fracture of the right femur, underwent surgery with internal fixation, and sustained a 40% permanent incapacity.…
Division and case type: High Court DivCivil Appeal
…That report assessed permanent incapacity at 8 per cent. Emphasizing that Dr.…
…The permanent incapacity assessed by the two medical doctors, that is Dr. Wokabi and Dr. Wambugu ranges between 8 per cent and 25 per cent.…
Division and case type: High Court DivCivil Appeal
…That report assessed permanent incapacity at 8 per cent. Emphasizing that Dr.…
…The permanent incapacity assessed by the two medical doctors, that is Dr. Wokabi and Dr. Wambugu ranges between 8 per cent and 25 per cent.…
Division and case type: High Court DivCivil Appeal
…Nevertheless, the absence of permanent incapacity does not render otherwise serious injuries minor.…
…The trial court placed substantial weight on the absence of permanent incapacity.…
Division and case type: High Court DivCivil Appeal
…The degree of permanent incapacity was assessed at 3% as the injuries maimed him for life. 6.…
…It is undisputed that the appellant’s injuries were classified as grievous harm, with a permanent incapacity was assessed at 3%.…
Division and case type: High Court DivCivil Appeal
…incapacity, and consequently awarding minimal and incommensurate damages. 3.…
…Omuyoma reflected significant long-term impairment and argued that the authorities cited by the trial court were not comparable, as the claimants therein had less severe injuries and no permanent incapacity. 7.…
Division and case type: High Court CivilCivil Appeal
…Partial permanent incapacity disability rated at 15 %. 4.…
…He assessed the permanent incapacity at 15 %. 6.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…He assessed the degree of permanent incapacity to be 30%. Dr P.M. Wambugu in his report concluded that there was a residual stiffness in the right wrist joint which was mild.…
…The two medical reports disagreed on the assessment of permanent incapacity.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The respondent particularized his injuries as: fractures of both lower limbs and injuries on the right ankle joint, resulting in permanent incapacity assessed at 35%. 5.…
…As regards quantum, the trial court awarded the respondent KShs. 2,000,000/-= in general damages, taking into account the serious injuries sustained and the assessed permanent incapacity.…
Division and case type: High Court CivilCivil Appeal
…In the Kenblest case the respondent sustained injury of a cervical spine fracture c5-c6 and that as a result, he was likely to suffer permanent incapacity of about 60%.…
…In the Board of Trustees Anglican Church of Kenya Diocese of Marsabit case, the respondent suffered a C5 spine fracture and permanent incapacity was estimated at 30%.…
Division and case type: High Court DivCivil Appeal
…incapacity of 20%. a.…
…Okere confirms a degree of permanent incapacity of 20%.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Appellant sustained the following injuries; Fracture of right femur, Pain on the right upper leg and observed that she has difficulty in walking, has a surgical scar on the upper leg laterally, the Implant is insitu, degree of permanent…
…incapacity assessed at 40%. 9.…
Division and case type: High Court CivilCivil Appeal
…There was no assessed permanent incapacity, although the medical evidence indicated the possibility of future pregnancy and delivery complications.…
…The injuries in the case cited by the Appellant involved a pelvic fracture and facial bruising, without permanent incapacity, though with noted potential future complications.…