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Boniface Musyoka Ndolo v. Pauline Katonge Musau

(1997) JELR 105000 (CA)

Court of Appeal  •  Civil Appeal 34 of 1996  •  7 Mar 1997  •  Kenya

Johnson Evan Gicheru, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha



This is an appeal against the quantum of damages awarded by the superior court (Osiemo, J.) to the respondent who was the victim of a motor accident. There is no appeal before us against liability as judgment on liability was entered by Consent and the suit proceeded only on assessment of damages.

On or about November 14, 1993 the respondent was travelling as a passenger in a motor vehicle registration No. KAA 183T when it was involved in an accident along Kangundo – Nairobi road. She sustained concussion of the brain, severe burns on the face, neck, trunk, arms and abdomen, severe scarring and formation of hypertrophic scars all over the body; severe contracture of the left side of the neck severely limiting the neck movements and severe contracture of the right elbow severely limiting movements severe and affected about 25% of the total body surface area –almost the same as in the cases cited.

Giving the best consideration to this aspect of the case, we thing tha…

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