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JOEL KYALO MWEI V. PAUL NGEI NZIOKA

(1997) JELR 104767 (CA)

Court of Appeal  •  Civil Appeal 33 of 1996  •  17 Mar 1997  •  Kenya

Coram
Johnson Evan Gicheru JA Riaga Samuel Cornelius Omolo JA Gurbachan Singh Pall JA

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">On the material which was placed before the learned trial Judge and which is now before us, we are satisfied, on our own independent consideration of that material that the respondent suffered the injuries; he alleged in his plaint. The medical report showed the respondent suffered head injuries through the nature of the head injuries was not specified, the respondent himself said he lost consciousness for three hours. He had persistent headaches. These were facts from which the learned Judge was entitled to infer that the respondent had suffered a concussion. The same must go for the sprained ankle. The medical report which was produced before the Judge, and produced without any context, showed that the respondent had a painful left leg especially after walking for a long distance. We think there is no merit in any of the contentions made by Mr. Itonga for the appellant regarding the nature of the injuries sustained by the respondent.</p><p class="ql-align-justify">On damages, we can only inter…</p>

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