Catholic Diocese of Nakuru v Stephen Wachira Kariuki & another [2020] eKLR Case Summary

Court
High Court of Kenya at Nakuru
Category
Civil
Judge(s)
Hon. Rachel Ngetich
Judgment Date
September 24, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Catholic Diocese of Nakuru v Stephen Wachira Kariuki & another [2020] eKLR, highlighting key legal principles and rulings. Perfect for legal research and insights.

Case Brief: Catholic Diocese of Nakuru v Stephen Wachira Kariuki & another [2020] eKLR

1. Case Information:
- Name of the Case: Catholic Diocese of Nakuru v. Stephen Wachira Kariuki
- Case Number: Civil Appeal No. 107 of 2017
- Court: High Court of Kenya at Nakuru
- Date Delivered: 24th September 2020
- Category of Law: Civil
- Judge(s): Hon. Rachel Ngetich
- Country: Kenya

2. Questions Presented:
The court must resolve whether the damages awarded by the trial court were excessive and if the principles of law regarding the assessment of damages were properly applied.

3. Facts of the Case:
The respondent, Stephen Wachira Kariuki, filed a suit against the appellant, Catholic Diocese of Nakuru, following an accident on 31st May 2014 involving a motor vehicle owned by the appellant. The respondent, who was riding a motorcycle, suffered significant injuries due to alleged negligence on the part of the appellant's driver. The respondent sought general and special damages for pain, suffering, loss of income, future medical expenses, and other related costs. The appellant denied liability, blaming the motorcycle driver for the accident, and sought to dismiss the respondent's claims.

4. Procedural History:
The case began with the respondent's plaint filed on 17th November 2011, later amended on 15th August 2014. The trial court recorded a consent on liability at a 70:30 ratio in favor of the respondent. The trial court awarded damages totaling Kshs. 1,000,000 for pain and suffering, Kshs. 500,000 for future medical expenses, Kshs. 200,000 for loss of future earning capacity, and Kshs. 188,035 for special damages. The appellant, dissatisfied with the judgment, appealed on grounds of excessive damages and improper application of legal principles.

5. Analysis:
- Rules: The court considered the principles of assessing damages, particularly that damages must be commensurate with the injuries sustained and must follow established precedents. The court referenced the case of Kemfro Africa Limited T/A Meru Express Service v. A.M.M. Lubia, which outlined the standards for appellate review of damages.
- Case Law: The court cited several precedents, including the case of Mumias Sugar Company Limited v. Francis Wanalo, which discussed loss of earning capacity and established that such awards can be made even to unemployed individuals if they can prove prior income. Additionally, the court referenced Hahn v. Singh regarding the necessity of proving special damages.
- Application: The court found that the trial court had properly assessed the injuries sustained by the respondent, which included a displaced fracture and dislocation, leading to a 40% permanent disability. The appellate court upheld the trial court's awards, finding them reasonable and justifiable based on the evidence presented and the lack of challenge by the appellant.

6. Conclusion:
The High Court dismissed the appeal, affirming the trial court's judgment. The court concluded that the damages awarded were not manifestly excessive and that the trial court had applied the correct legal principles in its assessment.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The High Court of Kenya upheld the trial court's ruling in favor of the respondent, affirming the awarded damages for pain and suffering, future medical expenses, loss of earning capacity, and special damages. The decision underscores the importance of thorough evidence in personal injury cases and the appellate court's reluctance to interfere with the trial court's discretion in assessing damages unless clear errors are demonstrated.

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