Jayendra Kumar Haria v Abdulrasul Hussein [1999] KECA 147 (KLR)
The bottom line
#Kenya's Court of Appeal refused to increase a Kshs.100,000 injury award, confirming judges won't touch damage amounts unless the trial court made a clear error.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the award of general damages of Kshs.100,000 was so low as to warrant interference by the appellate court
Key legal issues
#Whether the appellate court was entitled to interfere with the quantum of general damages awarded by the High Court
The appeal on quantum failed; the trial judge's assessment disclosed no misdirection or error of principle and the award was not inordinately low.
As a first appellate court, the Court of Appeal re-evaluated the evidence. The appellant's own evidence showed the disability was minimal, and counsel conceded the judge was fair in so finding. Applying the settled principles for interference with damages, the court found no irrelevant factor considered, no relevant factor omitted, and no wholly erroneous estimate. Liability was not appealed.
Legal principles established
#- An appellate court will interfere with an award of damages only where the trial judge took into account an irrelevant factor, left out of account a relevant one, or where the amount is so inordinately low or high that it must be a wholly erroneous estimate of the damage.
Court orders
#- 1.The appeal is dismissed with costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court
- H.C.C.C. No. 112 of 1993
- Jurisdiction invoked
- First appeal to the Court of Appeal against the judgment and decree of the High Court (statutory first-appeal jurisdiction)
Relief refused
#Enhancement of the award of general damages of Kshs.100,000
No misdirection or error of principle by the trial judge; the award was not so inordinately low as to be a wholly erroneous estimate of the damage
Costs
The appeal was dismissed with costs to the respondent
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The principles on which an appellate court will interfere with an award of damages are now well settled. This court must be satisfied that the judge either took account an irrelevant factor or left out of account a relevant one, or that, short of this, the amount is so inordinately low or so inordinately high that it must be a wholly erroneous estimate of the damage.
Accordingly, the appeal fails and is dismissed with costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jayendra Kumar Haria v Abdulrasul Hussein [1999] KECA 147 (KLR)", Case Analysis (1999). Civil Appeal No. 220 of 1996. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/147/eng@1999-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.