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Karanja v. Inter Continental Hotel & another

(1987) JELR 100241 (CA)

Court of Appeal  •  Civil Appeal 38 of 1985  •  15 Apr 1987  •  Kenya

Coram
Fred Kwasi Apaloo, James Onyiego Nyarangi, Harold Grant Platt

Judgement

IN THE COURT OF APPEAL,

AT NAIROBI

(CORAM: NYARANGI, PLATT and APALOO JJA)

CIVIL APPEAL NO. 38 OF 1985

KARANJA .............................................................APPELLANT

VERSUS

INTER CONTINENTAL HOTEL and ANOTHER...............RESPONDENTS

JUDGMENT

This is an appeal from the award of damages made by the High Court in a personal injury suit. Although the facts were contested in the court below, the learned judge’s findings of fact were not in issue on this appeal. The appellant’s grievance was limited to the quantum of damages.

In order to consider the validity or otherwise of the appellant’s grievance, it is necessary to relate the facts briefly. The appellant is the owner of a motor car which he uses as a taxi. It appears that he often frequents the respondent hotel, either in ordinary course of business or sometimes for purely social purposes.

There is evidence that before April 1976, there was some difference between the appellant and the management of the respondent hotel. So he …

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