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James Mugo Manyara v. James Gitu Wambugu

(2006) JELR 105183 (CA)

Court of Appeal  •  Civil Appeal 76 of 2003  •  5 Dec 2006  •  Kenya

Coram
Hannah Magondi Okwengu

Judgement

IN THE COURT OF APPEAL AT NYERI

CIVIL APPEAL 76 OF 2003

JAMES MUGO MANYARA ..................................... APPELLANT

VERSUS

JAMES GITU WAMBUGU .................................... RESPONDENT

(Appeal from the original Judgment in Chief Magistrate’s Court at Nyeri in Civil Suit No. 554 of 2002 dated 22nd May 2003 by Mr. C. D. Nyamweya – S.R.M. – Nyeri)

J U D G M E N T

James Mugo Manyara, hereinafter referred to as the appellant is aggrieved by the Judgment delivered by the Senior Resident Magistrate Nyeri in Chief Magistrate Civil Case No. 554 of 2002 on 22nd May 2004 in which the Senior Resident Magistrate gave judgment in favour of James Gitu Wambugu (hereinafter referred to Respondent) suing as the administrator of the estate of Henry Wambugu Gitu (hereinafter referred to as deceased) for general damages of Kshs.120,000/= in respect of loss of life Kshs.204,000/= in respect of lost years Kshs.5,000/= for pain and suffering and special damages of Kshs.17,000/=.

It is the appellant’s con…

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