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Irene 82

1) The plaintiff, Irene Teyie Ramadhani, is suing the three defendants for compensation resulting from injuries sustained in a road traffic accident on January 8th, 2016. 2) By consent of the parties, liability was determined to be 90% for the plaintiff and 10% for the defendants. 3) Medical evidence shows the plaintiff sustained blunt injuries to her chest, right elbow, and right leg, resulting in ongoing pain. 4) The plaintiff is claiming 400,000 Kenyan shillings for general damages and 8,600 Kenyan shillings for special damages, for a total of 408,600 Kenyan shillings, as well as costs and interest

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85 views4 pages

Irene 82

1) The plaintiff, Irene Teyie Ramadhani, is suing the three defendants for compensation resulting from injuries sustained in a road traffic accident on January 8th, 2016. 2) By consent of the parties, liability was determined to be 90% for the plaintiff and 10% for the defendants. 3) Medical evidence shows the plaintiff sustained blunt injuries to her chest, right elbow, and right leg, resulting in ongoing pain. 4) The plaintiff is claiming 400,000 Kenyan shillings for general damages and 8,600 Kenyan shillings for special damages, for a total of 408,600 Kenyan shillings, as well as costs and interest

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Winnie
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REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT NAIVASHA


CIVIL SUIT NO. 82 OF 2016
IRENE TEYIE RAMADHANI….....………….……..………………..…..…PLAINTIFF
VERSUS
MUGUNYU ESTHER…………..………………………………………………1ST
DEFENDANT
NESA SAVINGS AND CREDIT CO-OPERATIVE SOCIETY….…………….2ND
DEFENDANT
FREDRICK OCHIENG……………………………………..,……….………3RD DEFENDANT

PLAINTIFF’S HUMBLE SUBMISSIONS


Your Honour,
The Plaintiff brings this suit against the Defendants jointly and severally for compensation for
injuries she sustained as a result of a road traffic accident which occurred on the 8TH January
2016.

LIABILITY
This matter forms part of a series of 13 files being 78 of 2016, 80 of 2016,81 of 2016, 82 of
2016, 83 of 2016, 84 of 2016, 85 of 2016, 86 of 2016,87 of 2016,89 of 2016,90 of 2016,92 of
2016,93 0f 2016 and 94 of 2016.
The matters were consolidated and 92 of 2016 selected as the lead file for purpose of
determination of liability.

By consent liability was recorded in the ratio of 90:10 in favour of then plaintiff and shall apply
to the rest of the matters in the series.

Our submissions will only be restricted to quantum.


By consent the following documents were produced as exhibits in support of the plaintiff’s
claim.
1. Treatment card from Naivasha county referral hospital P.Exh 8(a
2. Receipt for medical expenses kshs.120 P.Exh.8(b)
3. P3 form P.Exh.9
4. Police abstract P. Exh. 10
5. Medical report by Dr.Omuyoma P.Exh 11(a)
6. Receipt of kshs.7,000 for the report P.Exh 11(b)
7. Copy of search records P.Exh 12
8. Demand notice P.Exh.13

QUANTUM
As a result of the accident, the Plaintiff sustained the following;
i. Blunt injury to the anterior chest wall leading to severe soft tissue injuries.
ii. Blunt injury to the right elbow joint leading to severe soft tissue injuries.
iii. Blunt injury to the right leg leading to severe soft tissue injuries.

Dr. Omuyoma medical report confirmed that the plaintiff had indeed sustained the injuries
mentioned above.
He noted that the plaintiff still experiences chest pain and movement of the elbow joint is
restricted because of pain.
In his opinion, the doctor classified the degree of injury that the Plaintiff had sustained as
‘harm’

In computing quantum we are guided by the authority of;


DEVKI STEEL MILLS LIMITED VS JAMES MAKAU KISULI ( 2012) EKLR .

In this case the plaintiff was awarded kshs.25O,OOO/=for general damages.


Taking into account the factors of inflation and the particulars of the plaintiff’s injuries, we
submit that an award of Kshs. 400,000/= will sufficiently compensate the plaintiff as general
damages.
Special damages for Kshs. 8,600 has been substantially pleaded and proved to the required
standard
Our claim therefore works out as follows
General damages Kshs. 400,000
Special damages Kshs. 8,600
Total Kshs.408,600
The plaintiff also prays for costs and interests of this suit.
We humbly submit.

DATED at NAKURU this……………………...day of…………………………….2018

GEKONG’A & COMPANY


ADVOCATES FOR THE PLAINTIFF
DRAWN & FILED BY:-
GEKONG’A & COMPANY,
ADVOCATES,
P. O. BOX 14594-20100,
NAKURU

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