BONIFACE MUSYOKA NDOLO V. PAULINE KATONGE MUSAU

JUDGMENT OF THE COURT

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 of the right elbow.

The special damages were awarded at Shs.12,100/= against which there is no appeal. The learned judge dealt very briefly with the issue of general damage…