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ISABELLA WANJIRU KARANJA V. WASHINGTON MALELE

(1983) JELR 105048 (CA)

Court of Appeal  •  Civil Appeal 50 of 1981  •  1 Jul 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Alister Arthur Kneller, Kenneth D Potter

Judgement

JUDGMENT


JUDGMENT OF POTTER JA

The appellant was the driver of a motor car which was involved in a collision with the respondent pedestrian on the Jogoo Road in Nairobi in Nairobi on Saturday March 17, 1973. The respondent suffered injuries and filed a plaint in the High Court on September 24, 1974. The trial commenced on February 19, 1979 and judgment was given by Sachdeva J on March 26, 1979. Finding both parties to have been negligence, and apportioning the blame 75% to the appellant driver and 25% to the respondent pedestrian, the learned judge awarded the respondent Kshs 176,016.50 with costs and interest until payment, the general damages being Kshs 165,630 the special damages Kshs 8,849.25 and the balance being interest until judgment.

The appellant driver appeals on the issues of liability and on quantum of general damages. The respondent cross appeals, claiming that the general damages should be reassessed and increased. He also seeks some corrections of the calculations concern…

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