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Arrow Car Limited v. , Elijah Shamalla Bimomo, Dishon Mmbali and Jacob Malech

(2004) JELR 106018 (CA)

Court of Appeal  •  Civil Appeal 344 of 2001  •  9 Jul 2004  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGEMENT OF THE COURT

This as an appeal from the judgement of the superior court (Mr P K K Birech –Commissioner of Assize) delivered on 24th August, 2000.The appeal is basically on assessment of damages since the grounds of appeal relating to liability were abandoned. These were the first two grounds of the memorandum of appeal. With the abandonment of those grounds this appeal proceeded on the following grounds:-

“1. .....

2. ......

3. That the learned Commissioner of Assize misdirected himself in not reminding himself of the crystallized principles of law at the time of awarding general damages.

4. The learned Commissioner of Assize erred in law in awarding general damages to the 3 respondents, which were so inordinately high as to represent an entirely erroneous estimate.

5. The learned Commissioner of Assize proceeded on wrong principles and misapprehended the evidence before him in a material respect to arrive at the quantum that he arrived at.

6. That the learned Commissioner of Assiz…

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