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Mariam Maghema Ali v. Nyambu t/a Sisera Store

(1990) JELR 99286 (CA)

Court of Appeal  •  Civil Appeal 5 of 1990  •  24 Jul 1990  •  Kenya

Coram
Johnson Evan Gicheru, John Mwangi Gachuhi, James Onyiego Nyarangi

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

(CORAM: NYARANGI, GACHUHI and GICHERU JJ A)

CIVIL APPEAL NO 5 OF 1990

MARIAM MAGHEMA ALI ......................... APPELLANT

VERSUS

NYAMBU T/A SISERA STORE.............. RESPONDENT

(From a Judgment of the High Court at Mombasa (Boisire J) dated 31st October, 1989 in Civil Case No 438 of 1989)

JUDGMENT

Mariam Maghema Ali age 28 years was a Matatu driver by trade. She was involved in road accident on 5th January, 1989 while a passenger in a matatu being driven by her employer. She received severe injuries for which she was detained in hospital for 3 1/2 months. While in hospital she underwent operations to correct crush injuries, fracture of the left femur and skin grafting. According to the doctor who treated her in hospital and who also testified in court, the plaintiff will no longer carry on with her trade as a matatu driver. Her social life will be affected considerably and it will require long dresses to cover scars on her legs. She will also undergo a fur…

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