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…This is an appeal against the quantum of damages awarded by the trial court, and as such I have to be guided by the principles re-stated in the case of Kenfro Africa Ltd t/a Meru Express Services & Another =Versus= A.…

…Lubia & Another (1982 – 88) 1KLR 727 at page 730, wherein Kneller J.A stated as follows:- “The principles to be observed by an appellate court in deciding whether it is justified in disturbing the quantum of damages awarded…

…THAT the Learned Trial Magistrate misdirected herself in ignoring the principle applicable in awarding quantum of damages and the relevant authorities on quantum cited in the written submissions presented and filed by the…

…quantum of damages in a claim for general damages, is a discretionary exercise.…

…The parties thereafter filed submissions on quantum of damages.…

…The trial court upon consideration of the evidence delivered a judgment on quantum of damages as follows: a) General damages – Kshs. 250,000 b) Special damages – Kshs.68,228 The total award was reduced by 20% contributory…

…Alternatively, the appellant is seeking orders that this appellate court re-evaluates the evidence tendered before the trial court on quantum of damages and make its own decision on the award of damages.…

…That the learned trial magistrate erred in law and fact by failing to exercise its discretion on assessment of quantum of damages judiciously.…

…Dissatisfied with the quantum of damages awarded, the two appellants who were the defendants in the trial court, have come to this court on appeal through counsel Kimondo Gachoka & Company Advocates on the following grounds…

…This being an appeal against the quantum of damages awarded, I have to be guided by the legal principle restated by the Court of Appeal in Butt =Versus= Khan and later the case of Catholic Diocese of Kisumu =Versus= Tete…

…The appeal herein is in respect of the quantum of general damages only. 17. This being a first appeal, this court is under a duty to re-evaluate and assess the evidence and make its own conclusions.…

…This court is called upon to determine whether the trial court correctly assessed the quantum of general damages. 21.…

…Aggrieved by the Lower Court judgment on quantum of damages, the Appellant moved this Court on appeal by filing the memorandum of appeal dated 8th May 2024.…

…Jacinta Orwa (Ms.) with regard to the assessment of quantum of damages. 2.…

…This is an appeal against both liability and quantum of damages awarded.…

…Turning now to the quantum of damages awarded, I note that under paragraph 5 of the Memorandum of Appeal, the appellant complains that the awards of Kshs. 24,200/= under document 18, and Kshs. 2,320/= though pleaded were…

…On quantum of damages, learned counsel submitted that the trial court’s finding is not inordinately too low or so high so as to amount to a wholly erroneous estimate and the appellate court should not therefore disturb this…

…So to use them would be to misuse them...The quantum of damages being a question of fact for the trial Judge the sole question for determination in this appeal is not whether he followed any particular rules or the orthodox…

…This is an appeal on quantum of damages awarded, as there is no ground of appeal against liability, maybe because the respondent was a passenger in the subject motor vehicle KCV 850M.…

…This being an appeal against quantum of damages, I have to be guided by the principle consistently applied by courts, which was restated in Catholic Diocese of Kisumu =Versus= Tete Kisumu CA No. 284 of 2001 (2004) eKLR; wherein…

…hearing and determination of the appeal herein. 2) The main ground for the application is that the learned trial court did not consider the appellant’s evidence on quantum and found the respondents - on liability - 100 % and quantum…

…of damages Kshs. 200,000. 3) The application is supported by the affidavit sworn by Peter Mutinda - the appellant/applicant on 23/10/2023. 4) A replying affidavit opposing the application sworn by Evans Wambua - 1st respondent…

…There be a mention on 3.4.2024 for filing submissions on quantum.” 4.After considering the submissions on quantum by both sides, the trial Magistrate assessed the quantum of damages as follows:- • General damages Kshs. 400,000.00…

…This court is urged to review the quantum of damages downwards and the Respondent be condemned to the costs of the Appeal. 6.The grounds of appeal are:- “ a.…

…On 22nd March 2024, the Court of Appeal delivered its judgment on the appeal, remitting the matter back to the High Court with the directions that the question of quantum of damages be retried. 11.…

…quantum of damages suffered by the Plaintiff as a result of the fire accident. 15.…

…of damages and the relevant authorities on quantum cited in the written submissions presented and filed by the appellant. c) The learned trial magistrate proceeded on wrong principles when assessing the damages to be awarded…

…Circumstances in which an appellate court will interfere with the quantum of damages awarded by a trial court were clearly laid out in the case of Kenya Bus Services Limited v Jane Karambu Gituma Civil Appeal Case No. 241…

…The Learned Magistrate’s findings on quantum of damages are not supported by facts or law hence irregular. The Appeal was canvassed by way of written submissions which I have considered.…

…I therefore find that the only issue for my determination is whether the trial court erred in its assessment of the quantum of damages payable to the Respondent.…

…Therefore, the issues for determination by the trial were two fold i.e. liability and quantum of damages. 7.…

…As regards the rest of the grounds i.e. grounds 4, 5, 6, 7 and 8, they all relate to the issue of quantum of damages.…

…In his judgement which is impugned on quantum of damages, the trial magistrate awarded the respondent general damages of Kshs. 400,000. 5.…

…With the above guidance in mind, and having considered the grounds of appeal and written submissions by the respective parties’ counsel, I find that the only issue for determination is whether the quantum of general damages…

…Being aggrieved by the quantum of damages, the Appellant preferred the Appeal herein, the grounds of which are reproduced hereunder: The Learned Trial Magistrate erred in fact and in law in making an award for General damages…

…The Appellant prayed that the appeal be allowed with costs and that the quantum of general damages be set aside and the Court do proceed to reassess the same upwards and make appropriate awards on general damages for pain…

…' 1.This is an appeal against the quantum of damages awarded to the Respondent, in the lower court, for personal injuries sustained in a motor accident which occurred along the Nairobi/Mombasa road on 16th May 202, involving…

…damages. 3.…