Maganga v Kyoha Hauliers Kenya Limited; Co-op Bank Fleet Africa Leasing Limited (Third party) (Civil Case E071 of 2025) [2025] SCC 18 (KLR)

speeding and failed to keep to his lane when it was not safe to do so and causing it to lose control and ram into the claimant’s vehicle and as a consequence thereof the claimant sustained serious injuries to wit bruises on the left anterior scalp,left shoulder and soft tissue injuries to the right knee. 4. The claimant avers that he blames the respondent for the accident and has pleaded particulars of negligence on the part of the respondent and now prays for compensation for pain and sufiering as well as costs for the claim. 5. The claim is opposed as stated and the respondent blames the 3rd party for the accident. 6. I have perused and considered the documents and pleadings as filed as well as the submissions filed by parties. Issue For Determination. a. Whether the Respondent or the 3rd party is liable for the accident. b. What is the quantum of damages awardable if any. c. Who bears costs of the claim. Analysis And Determination. Whether the respondent or the 3rd party is liable for the accident. 7. By consent of all the parties VOI SCCC NO. E072 OF 2025 was selected as the test suit for purposes of determining liability. Liability in that matter has been apportioned at 100% as against the respondent. The same do apply herein. It is worth noting that the case herein arises from the same accident. What is the quantum of damages awardable if any. 8. It is the claimant’s case that as a result of the accident she sufiered the following injuries; bruises on the left anterior scalp,left shoulder and soft tissue injuries to the right knee. 9. A look at the P3 the injuries are classified as harm and soft tissue injuries secondary to blunt force trauma. The medical report dated 2/9/2025 opines that he sustained soft tissue injuries amounting to harm and that he would experience temporary partial disability for approximately 2 weeks and that the injuries sustained would predispose him to persistent pain and discomfort around the left shoulder joint and right knee, soft tissue complications, including stifiness, restricted range of motion or chronic pain, reduced functional capacity, limiting physical work and risk of post traumatic arthritis of the left shoulder joint and right knee joint. 10. A perusal and consideration of all those documents suggest to me that the claimant sustained soft tissue injuries and which this court will have as a basis for the award of damages for pain and sufiering. 11. In the case of Elizabeth Wamboi Gichoni v JOO (Minor suing through mother and next of friend) VAA [2019] KEHC 743 (KLR) the minor sustained the following injuries; Head injury with loss of consciousness for some time. - Multiple cut wounds on the right temporal scalp.- Cut wound on the left upper eyelid and left forehead.- Facial bruises.- Bruises on the left shoulder.- Bruises on the left leg And the trial court awarded Kshs.350,000/=. On appeal the award was reduced to Kshs.180,000/= in the year 2019. https://new.kenyalaw.org/akn/ke/judgment/scc/2025/18/eng@2025-11-18 2

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12. In the case of Ogembo & another vs Maisa [2023] KEHC 436 (KLR)the plaintifi sustained a chest contusion, blunt trauma to the scalp, degloving injury to the right hand, degloving injury to the left knee, deep cut wound on the right knee and bruises to the left toes and the court on appeal reduced an award of kshs.800,000/= to Kshs.300,000/=. This decision was made in 2023. 13. Both authorities I have made reference to have some of the injuries that the claimant herein has sustained and they ofier a better basis upon which this court will award damages for pain and sufiering. 14. According to Lord Morris of Bothy-Guest, “By common consent, awards must be reasonable and must be assessed with moderation. Furthermore, it is eminently desirable that so far as possible, comparable injuries should be compensated by comparable awards. When all this is said. It still must be that amounts which are awarded are to a considerable extent, conventional.” See H. West and Sons Ltd v Shepherd] 1964] AC 326 at P. 345. 15. Furthermore, it is trite law that no two cases can be completely similar but it is a settled principle that comparable injuries should attract comparable awards see the case of Odinga Jacktone Ouma vs Moureen Achieng Odera [2016] eKLR. 16. Therefore, taking into consideration the fact that awards are to be conventional, passage of time as well as the nature of injuries sustained by the claimant, I do proceed and award the claimant Kshs.270,000/ = which in my view is adequate compensation for pain and sufiering. 17. On special damages, the same have been specifically pleaded and proved and are allowed as prayed. 18. On the prayer for future medical expenses the claimant has pleaded Kshs.47,400/= this is supported in the medical report where the claimant has been recommended to undertake outpatient follow up visits, physiotherapy sessions and medications among other medical services all totalling to Kshs.47,400/= 19. There being no objections and the same having been pleaded and estimated by an expert and the same being reasonable the same is allowed as prayed. Who bears costs of the claim? 20. The claimant having been successful in the matter and that costs follow events he is awarded costs of the claim. Conclusion And Disposition. 21. The upshot of the foregoing I make the following final orders; a. The claim by the respondent as against the 3rd party is dismissed with costs to be borne by the respondent. b. The claim contained in the statement of claim dated 16th September 2025 is allowed in the following terms as against the respondent; Liability 100% General damages Kshs.270,000/= Special damages Kshs. 4,200/= Future medical expenses Kshs.47,400/= Total Kshs.321,600/= https://new.kenyalaw.org/akn/ke/judgment/scc/2025/18/eng@2025-11-18 3

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22. c. The claimant is awarded costs and interests as against the respondent from the date of judgment until payment in full. d. Let the file be closed forthwith. Orders accordingly. DATED, SIGNED AND DELIVERED VIRTUALLY AT VOI SMALL CLAIMS COURT THIS 18TH DAY OF NOVEMBER 2025 F.M. MULAMA ADJUDICATOR/RM In the presence of: Court Assistant:- Fathiya Loo. Mr. Kiwinga for the Claimant. N/A for the respondent & 3rd party. https://new.kenyalaw.org/akn/ke/judgment/scc/2025/18/eng@2025-11-18 4

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