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Court of AppealDismissedCivil Appeal No. 220 of 1996· [1999] KECA 147 (KLR)

Jayendra Kumar Haria v Abdulrasul Hussein

Court of Appeal
29 January 1999
RKR. O. KwachALA. A. LakhaEOE. Owuor
574 words in judgment
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The bottom line

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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

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Executive summary

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The appellant, a fare-paying passenger in the respondent's vehicle, was injured when the vehicle left the Ukunda/Mombasa road at Ngombeni and hit a tree on October 27, 1992. He sued for general and special damages, pleading negligence against the respondent's driver. At trial before Mbogholi Msagha, J in H.C.C.C. No. 112 of 1993, the plaintiff gave evidence and produced two medical reports; the defendant led no evidence. Judgment was entered for the plaintiff on January 30, 1996 for Kshs.100,000 general damages and Kshs.16,920 special damages, with costs and interest. Liability was not challenged on appeal; the sole ground was that the general damages award was so low as to warrant interference. The Court of Appeal (Kwach, Lakha and Owuor JJ.A), in a single judgment of the court delivered at Mombasa on January 29, 1999, re-evaluated the evidence as the first appellate court. It noted the appellant's own evidence that he could still draw and design with his right hand as before, and accepted counsel's concession that the trial judge was fair in inferring minimal disability. Applying the settled principles that interference is warranted only where an irrelevant factor was considered, a relevant factor omitted, or the award is so inordinately low or high as to be a wholly erroneous estimate, the court found no misdirection or error of principle. The appeal was dismissed with costs, affirming the High Court judgment in full.

Key legal issues

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01

Whether the appellate court was entitled to interfere with the quantum of general damages awarded by the High Court

Holding

The appeal on quantum failed; the trial judge's assessment disclosed no misdirection or error of principle and the award was not inordinately low.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The appeal is dismissed with costs
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)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Jayendra Kumar Haria v Abdulrasul Hussein", 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.