ROBERT MSIOKI KITAVI V. COASTAL BOTTLERS LIMITED

JUDGMENT

The only question raised in this appeal was whether the general damages for pain, suffering and loss of amenities awarded to Robert Msioki Kitavi, the appellant, should be increased. The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract.

Mr Justice Bhandari gave judgment and made these awards in the High Court at Mombasa on April 30, 1984:

Kshs

Net special damages 13,150

Loss of future earnings 63,000

General damages 250,000

Total 326,150

The appellant has come to this court because (in the words of his memorandum of appeal of June 5, 1984.

The learned judge erred in awarding Kshs 250,000 by way of general damages for pain and suffering and loss of the amenities of life for the injuries he sustained.

The learned judge’s award of Kshs 250,000 for general damages is so inordinately low that it must be a wholly errone…