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DAVID BAGINE v. MARTIN BUNDI

(1997) JELR 102989 (CA)

Court of Appeal  •  Civ App 283 of 96  •  21 Nov 1997  •  Kenya

Coram
Johnson Evan Gicheru, Gurbachan Singh Pall, Amrittal Bhagwanji Shah

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GICHERU, SHAH and PALL, JJ.A)

CIVIL APPEAL NO. 283 OF 1996

BETWEEN

DAVID BAGINE...............................................APPELLANT

AND

MARTIN BUNDI...........................................RESPONDENT

(An appeal from the judgment and decree of the High Court of Kenya at

Meru (Hon. Mr. Justice Alex Etyan') dated 17th July, 1996

in

CIVIL SUIT NO. 159 OF 1994)

*******************

JUDGMENT OF LTHE COURT

On 7th August, 1993 the respondent's motor vehicle registration number KWN 637 (an Isuzu Lorry) was involved in an accident with a motor vehicle registration number KSH 625 (a Nissan) belonging to the appellant. The respondent sued the appellant in the superior court seeking general and special damages for losses allegedly suffered by him as a result of the accident.

The question of liability of the appellant is not the subject-matter of this appeal as none of the grounds of appeal raise this issue.

We are only concerned with the awards…

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