Kanipius Odero v. Nolous Ong’ina, (PC) Civ. App. 126-M-68, 20/7/68, Seaton J.

Kanipius Odero v. Nolous Ong’ina, (PC) Civ. App. 126-M-68, 20/7/68, Seaton J.

Plaintiff was beaten and injured by defendant, who wa subsequently convicted by the District Court, fines Shs. 200/- and ordered to pay Shs. 100/- compensation. Plaintiff then brought this action in Primary Court for Shs. 1000/- damages. Against the advice of assessors that the amount was too high according to customary law, the magistrate, without any reasons given, allowed the claim for the entire amount, being Shs. 686/- for bodily injury and Shs. 314/- for car and hospital charges. On appeal the District Court reduced the award to Shs. 900/-, with advice to plaintiff to apply for the Shs.100/- paid into court by defendant pursuant to the order to pay compensation.

            Held: (1) The order for compensation made upon conviction in a criminal case does not oust any court’s jurisdiction to award additional compensation in a subsequent civil suit, but such an order shall be taken into account in affixing damages in civil suit. [Citing Cr. Proc. Code. ss. 176, 178(3)]. (2) The Primary Court’s ward was excessive. The amount of Shs. 314/- is proper, because there are receipts supporting those claims. In additional, plaintiff is entitled to Shs. 60/- for fifteen lost days of work, although there is no indication of his occupation on the record, and to Shs. 124/- as a rough measure of recompense for injuries (bad bruising of right side of the chest and bleeding into the right lung) and for wounded feelings.