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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

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 further operation to remove K-nail and would continue with medication for sometime. Counsel for the defendant failed to attend the hearing and so the hearing proceeded ex-parte.

After hearing the plaintiff and the doctor, the trial judge delivered his judgment in which he awarded the plaintiff damages for pain, suffering a…

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