Search court decisions

…He concluded that the injuries were grievous harm, and 15% permanent incapacity. (24) The Radiology report confirmed that there was a T12 anterior wedge fracture – the L5/S1 intervertebral disc height was reduced. (25) The…

…In the circumstances I hereby award general damages in the sum of Kshs. 900,000/= as I believe this to be a reasonable award given the 15% permanent incapacity suffered by the plaintiff.…

…It was submitted that the Respondent herein was awarded permanent incapacity and future medical expenses yet the authorities cited by the Appellant had no awards for incapacity and future medical expenses.…

…incapacity of 30% on the right leg h) Degree of permanent incapacity of the left leg 40% 35.…

…The trial court relied on UAP Assurance Ltd and 2 others  vs Racheal Warigia Ndungu [2022]eKLR where the plaintiff suffered fracture of the right clavicle, 10% permanent incapacity and an award of Kshs. 650,000 was made.…

…According to the doctor this was a permanent incapacity but the Plaintiff would not need further surgical treatment.…

…I would assess his level of permanent incapacity at 15% (fifteen percent).” I did not see a medical report by Dr. Bosire/Dr. Daniel as indicated in the respondent’s submissions.…

…The medical report by his own witness placed the appellant’s permanent incapacity at 15%.…

…Reliance was placed on Francis Wanalo case (supra) where the court awarded Kshs. 500, 000 to the Respondent who had sustained a 10 – 15% permanent incapacity. 30.…

…Maiko Mogi & another [2021] eKLR in which the Court noted that the Appellant sustained a fracture of the right humerus, for which permanent incapacity was assessed at 18% - 20%.…

…The learned trial magistrate in her judgment stated that the plaintiff/appellant had not sustained any permanent incapacity – that the authority relied on presented more serious injuries.…

…the following complaints: a) Difficulties of getting up and about b) He cannot kneel or squat c) Not able to work gainfully d) Pain on the right leg e) An inability to walk without crutches f) Short right leg by 5 cm g) Permanent…

…incapacity of about 30% - 60% The Particulars of special damages were set out thus: a) Medical legal report (Dr.…

…the following complaints: a) Difficulties of getting up and about b) He cannot kneel or squat c) Not able to work gainfully d) Pain on the right leg e) An inability to walk without crutches f) Short right leg by 5 cm g) Permanent…

…incapacity of about 30% - 60% The Particulars of special damages were set out thus: a) Medical legal report (Dr.…

…The trial court however went on to rely on Koyi Obanga & 2 others [2022[& EKLR where an award of Kshs. 400,000 was made for displaced fracture of left tibia, fracture of left femur among other soft tissue injuries and permanent…

…incapacity of 40% Stanley Kiriwa Arusei Vs John Mwalatu [2020] eKLR where an award of Kshs. 1,800,000 was reduced to 500,000 for fracture of left femur proximal, open segmental fracture of right tibia fibula. 19.…

…on the assessment of loss of earning capacity when arriving at an award that was inordinately high, erroneous in the circumstances; arriving at a decision that was unsupported by the evidence and dismissing the degree of permanent…

…incapacity in the computation of loss of earning capacity, taking into account irrelevant factors leading to erroneous decision.…

…. • Permanent incapacity at 10 %. (13) The issue for determination are whether the trial court erred in the award of General Damages.…

…It was submitted that the Respondent suffered serious bodily harm in the accident, resulting in permanent incapacity assessed at 25%.…

…tibia; c) Compound (open) fractures of the left fibula; and The existing complaints at the time of filing plaint were particularized as; Difficulties of getting around; He cannot walk or stand without external support; Permanent…

…incapacity of about 6%.…