DOUGLAS KALAFA OMBEVA V. DAVID NGAMA

JUDGMENT OF THE COURT

This appeal arises out of a road traffic accident which occurred on 6^th December 1995 where the appellant, Douglas Kalafa Ombeva, was injured. He filed Civil Case Number 754 of 1998 in the High Court of Kenya. The circumstances surrounding the accident were that the appellant was riding on a motorcycle, when the respondent’s driver/agent caused a collision.Through the plaint dated 31^st March 1998, the appellant sought:

Special damages

General damages

Costs of the suit

Interest on (a) (b) and (c) above.

In paragraph 7 of the plaint, the appellant claimed that before the accident, he was working as a messenger earning a salary of Kshs. 3913.00 but as a result of the injury he suffered, he had been rendered jobless. During trial however, he claimed that he was earning Kshs. 3,670.00 a month. He testified that he had since lost his job, and was at the time living on his father’s farm in Western. The respondent opposed any award for damages for loss of earning capacity as t…