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(1997) JELR 102990 (CA)

Court of Appeal  •  Civil Appeal 283 of 1996  •  21 Nov 1997  •  Kenya

Johnson Evan Gicheru, Gurbachan Singh Pall



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 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 of damages. The superior court (Etyang’ J) awarded special damages in the sum of shs. 227, 750/= as cost of repairs to the respondent’s vehicle and a sum of shs. 540,000/= as damages for loss of user.

It has been held time and again by this court that special damages must be pleaded and strictly proved. We refer to the remarks by this Court in the case of Mariam Maghema Ali v. Jackson M. Nyambu t/a Sisera store, Ci…

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