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…The Appellant sued the Respondent in Plaint dated 13th September, 2023 seeking special damages of Kshs. 100,050/=, future medical expenses, general damages for pain and suffering, costs of the suit and interest.…

…E530 od 2023 which was the test suit and assessed general damages at Kshs. 750,000/= together with Kshs. 100,050/= as special damages.…

…On quantum, the court awarded general damages of Kshs. 1,500,000/= and special damages of Kshs. 152,050/=, the latter being proved by receipts produced in evidence.…

…The Appellant asks that the appeal be allowed and the quantum of damages be assessed downwards to Kshs. 500,000/= as general damages, with the Respondent bearing the costs of the appeal.…

…loss of trees and crops, general damages, interest, and costs.…

…I find that the plaintiff has failed to prove special damages to the required standard of certainty and particularity. I will therefore not award any special damages.…

…The trial court in a considered judgment delivered on the 30th January, 2024 awarded the respondent damages as follows; General damages for pain and suffering….…

…As stated earlier in this judgment, the appeal is challenging the quantum of damages and in particular general damages, award on loss of amenities and loss of earning capacity. 10.…

…She made the following award on damages: General damages pain and suffering Kshs 700,000/- General damages for diminished/loss of earning capacity Kshs 800,000/- Special damages Kshs 303,142/- Total Kshs 1,803,142/- Less…

…On special damages, the respondent maintained that special damages of Kshs 303,142 were pleaded and proved.…

…The respondent claimed for general damages for pain and suffering and special damages of KShs 1,685,072/=. 4.…

…300,000/= and special damages KShs 910,842/= together with costs and interest. 8.…

…Kshs. 1,140,000/=, and Special damages of Kshs. 3,550/=. 3.…

…of general damages for pain and suffering was excessive or inadequate. c) Whether the Respondent is entitled to damages for diminished earning capacity d) Whether the award on special damages was correct. 11.…

…The respondent herein moved the trial court via plaint dated 28th February 2019 and filed on 23rd April 2019, seeking the following reliefs; special damages Kes.235,513/-, general damages and costs and interests. 2.…

…damages; e) That the learned trial magistrate erred in making a highly and manifestly excessive and or inordinately high award on general damages; f) That the learned trial magistrate erred in failing to appreciate the nature…

…As earlier stated, this is an appeal on quantum of damages.…

…It is settled that an appellate court will not disturb the trial court’s award on quantum of damages unless the trial court in assessing the damages took into account an irrelevant factor or left out a relevant one, or the…

…loss of crops, general damages, interest, and costs.…

…I find that the plaintiff has failed to prove special damages to the required standard. I will therefore not award any special damages. The plaintiff also sought judgment for general damages.…

…The quantum of damages remained as the only issue for determination by the trial court.…

…The Plaintiff was also awarded special damages in the sum of Kshs. 6,550/- together with costs of the suit. 5.…

…The Court awarded Damages as follows: 1. Liability 80:20. 2. General Damages for pain and suffering and loss of consortium - Kes. 3,000,000/-; 3. Future Medical Expenses - Kes.9,000,000/-; 4.…

…This is in recognition that the award of Damages in discretionary. 26.…

…He also sought special damages amounting to Kshs. 9,600/-. 3.…

…The parties then filed submissions on quantum and the trial court apportioned damages as follows; 1) Special damages Kshs. 9,600/- 2) General damages Kshs. 300,000/- 5.…

…for pain, suffering and loss of amenities and special damages which it did culminating in a judgment dated 21 August 2025 where the trial court made an award for Kshs 800 000 as General damages, Kshs 7 350 as special damages…

…The court awarded Kshs. 630,000/= in general damages.…

…M.W Murage in Milimani CCC number 6806 of 2019 dated 28.7.2023) The appellant sued the respondents in Milimani CCC No. 6806 of 2019, seeking general damages, special damages, costs and interest, on account of a road traffic…

…The court also awarded special damages of Kshs 2,550.…

…for pain, suffering and loss of earning capacity, special damages, costs and interests.…

…General Damages kshs.700,000/= Loss of earning capacity kshs.600,000/= Special damages kshs.2000/= Total kshs.1,302,000/= The plaintiff shall also have costs of the suit.”…

…Compensation for capacity is awarded as part of general damages.” Loss of future earning capacity may be awarded as part of the general damages or as a separate head of damages.…

…damages.…

…The court found the Respondent had proved their case and awarded as follows: - 100% liability Special damages 15,250 General damages 1,700,000 The Respondent proved loss of earning capacity.…

…damages that were excessive and not commensurate to the injuries.…

…The issue of the quantum of damages was then left to the learned magistrate. 3. After hearing the parties and considering their submissions the court below awarded damages as follows: a. Liability 90:10 b.…

…General damages Kshs 1,500,000 c. Future medical treatment Kshs 170,000 d. Special damages Kshs 18,000 e. Less 10 % f. Costs and interest 4. Being aggrieved by the award the Appellant preferred this appeal.…