High Court has declined to enhance an award to a woman who tripped and fell at a Dominos Pizza joint along Mombasa Road, Nairobi.

While declining the request, Justice Christine Meoli in a judgment on April 4 said she did not find fault in the Magistrate court’s decision.

“The court is unable to find fault with the judgment of the lower court,” she said.

In her suit at the Magistrate’s court, Geeta Kapoor proved that the pizza joint did not take reasonable measures for customer safety and security while at their premises.

She told the court that her shoe was caught on the rail which led her to lose balance before falling and fracturing the left leg and ankle.

Milimani Magistrate Lilian Lewa agreed with her submissions and awarded her Sh950,000 on February 8, 2022, for the injuries sustained from the incident.

Kapoor said that on July 23, 2018, she was shopping at the pizza joint’s Nextgen Mall branch when the incident occurred.

But Dominos denied that any accident occurred and responsibility for the injuries Kapoor sustained.

The multinational pizza restaurant chain argued that it had taken all the necessary steps to ensure customers were safe within their premises.

Dominos argued that if there was any accident as Kapoor alleged then she solely and substantially contributed to it.

At the High Court, Kapoor sought to have the award enhanced arguing that the magistrate erred by awarding general damages for pain and suffering without taking into consideration the injuries she sustained.

She claimed that the magistrate failed to consider her medical report and hence arrived at an award that was not supported by a doctor's findings.

Kapoor further argued that the magistrate erred by not awarding her future medical expenses and failing to consider her submission therefore arriving at an erroneous finding on quantum.

Due to her age, she argued that after the incident she had to undergo surgery to fix metal implants in her ankle.

She said that she underwent rehabilitation for 15 months and according to the doctor's assessment, she had 15 per cent possibility of developing arthritis.

Dr Ashwin Madhiwala confirmed the report in court while urging that Kapoor be awarded Sh1.5 million for medical care.

In their defence, Dominos said that it took them more than three months to file a response at the High Court because they were still negotiating with Kapoor on how to pay her but she went behind their back and filed the appeal.

The pizza restaurant chain's advocate said that Kapoor’s medical expenses had been sorted by the General Accident Insurance and she did not table documents to show that she used her money for treatment.

It was noted that Sh150,000 was needed to remove the metal implants.

Dr Madhiwala prepared another medical report two years after the incident which showed that Kapoor’s leg had healed.

According to the doctor, the ankle was slightly swollen with no pain or tenderness.

He noted that there was a slight restricted movement of the joints because of swelling but Kapoor walked and worked normally not limping.

Dr Madhiwal told court that she experienced pain after standing for long, and considered her permanent disability to be 10 per cent only.

Justice Meoli found that the Magistrate’s court did not justify the award on any award but the sum awarded was reasonable and not too low.

“Consequently, the court does not feel justified in interfering with the trial court’s award of damages for pain and suffering,” said Meoli.