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…That the quantum of damages is excessive, inordinately high and erroneous estimate of the damages awarded to the respondents with due regard to the weight and circumstances of the case.…

…However, this appeal also has grounds on both liability and quantum of damages. This court having determined the liability at 10%:90% in the lead file Voi HCCA No.…

…That the learned trial Magistrate in assessing quantum of damages took into account irrelevant factors and wrong decision principles and arrived at a wrong decision and excessive award on quantum of damages.…

…This being an appeal on liability and the quantum of damages awarded, I have to be guided by the principle stated in the case of Kenfro Africa Ltd =Versus= Lubia & Another wherein it was stated that assessing quantum of damages…

…The appeal herein is therefore only on the issue of quantum of damages awarded. In the case of SELLE -VS- ASSOCIATED MOTOR BOAT CO.…

…The appellant cited many other authorities on the issue of quantum of damages. In total, counsel pleaded for an award of Kshs.300,000/= on 100 (Percent) basis.…

…I note that in this and the other five appeals in the series, the submissions were on both quantum of damages awarded, and on liability.…

…Thus my substantive considerations in this appeal will be limited to assessment of quantum of damages and costs.…

…It also determined quantum of damages payable, both general and special damages and awarded costs to the Respondents. 4. I have also seen the decree issued on 29th October 2024 with refers to only MCC No.…

…Both parties are unclear as to whether the consolidation order was on liability alone or on quantum of damages as ordered in MCC No. E133 of 2023 to apply to the rest of the cased E131, E132 and E134 of 2023. 6.…

…I note that in the other five appeals in the series also, the submissions were on both quantum of damages awarded, and on liability.…

…Thus my substantive considerations in this appeal will be limited to assessment of quantum of damages and costs.…

…' 1.This appeal is against the quantum of damages awarded to the Respondent for personal injuries sustained in a motor vehicle accident which occurred along the Machakos – Wote Road on 18th February 2022. 2.Briefly, the Respondent…

…On the quantum of damages Counsel submitted that the Appellant had not demonstrated how the court erred in assessing the damages of Kshs.250,000/- and that this court should find the award was reasonable in view of the injuries…

…Whether the court should interfere with the award of quantum of damages.…

…The award of the quantum of damages is an exercise of discretion by the trial magistrate.…

…Whether the court should interfere with the award of quantum of damages.…

…The award of the quantum of damages is an exercise of discretion by the trial magistrate.…

…Suffice to hold that the appeal is basically on quantum of damages as reflected in the grounds of appeal and the written submissions.…

…It was therein stated as follows: - “The principles to be observed by an Appellate Court in deciding whether it is justified in dismissing the quantum of damages awarded by a trial judge were held by the former Court of Appeal…

…Whether the court should interfere with the award of quantum of damages.…

…The award of the quantum of damages is an exercise of discretion by the trial magistrate.…

…The learned trial magistrate erred in law and facts on assessment of quantum of damages. c.…

…In his submissions, the appellant submitted on the single issue; whether the trial court granted an excessive award under the issue of quantum of damages.…

…I note that in this and the other five appeals in the series, the submissions were on both quantum of damages awarded, and on liability.…

…Thus my substantive considerations in this appeal will be limited to the assessment of quantum of damages and costs.…

…On assessment of quantum of damages, the Appellants counsel submitted that there was no evidence tendered to discount and controvert the nature and seriousness of the Appellants injuries as pleaded.…

…of damages the respondent submitted and rightly award of assessment of quantum as general damages is discretionary of the principles and that on award of damages is not merited to enrich the victims but to compensate such…

…of damages. 6.…

…Lubia and Another (9182 – 88) KAR 727, where it was held: - “The principles to be observed by an Appellate Court in deciding whether it is justified in disturbing the quantum of damages awarded by a trial judge were held…

…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.…