KIGARAGARI V. AYA
(1985) JELR 104658 (CA)
Court of Appeal
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Civil Appeal 85 of 1983
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30 May 1985
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Kenya
Coram
James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox
Judgement
<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">This is an appeal against the quantum of damages. Liability is not contested. The grounds of appeal may be summarized as follows: the judge erred in not distinguishing the cases cited on amount of damages, erred in assessing general damages excessively highly at Kshs 250,000, and in awarding Kshs 51,000 as loss of earnings as the respondent was not employed on permanent terms, erred in not appreciating that the respondent could obtain other employment, was unduly influenced by the fact that the respondent could not remarry, and the judge erred in awarding Kshs 342 special damages without any supporting evidence. The appellant’s advocate asked this court to disallow special damages, reduce general damages and reduce the sum awarded as loss of earnings.</p><p class="ql-align-justify">Mr. Kiarie, for the appellant, said although the injuries to the respondent resulted in amputation of her right leg, there was no evidence of further pain after amputation and submitted that on the principle in <em>Bhogal v. Burbidge</em> …</p>