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MARIGA V. MUSILA

(1984) JELR 105023 (CA)

Court of Appeal  •  Civil Appeal 66 of 1982 & 88 of 1983  •  18 May 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

JUDGMENT

The respondent in the main appeal in this case received serious injuries as a result of a collision between a Toyota Saloon car, KNM 843, in which he was travelling as a passenger in the rear seat, and a Datsun Pick-Up, KLW 165, on the road from Ol Joro Orok to Ol Kalou at about 7.30 pm on November 20, 1976. The driver of the Toyota Saloon was held by the trial judge to be wholly to blame for the accident and he appeals against the total award of general damages of Kshs 1,959,036 for his negligence. There is no appeal on liability or against the award of Kshs 6,719 as special damages. The driver of the Datsun, who put in a defence at trial, was exonerated from any finding of negligence, is not a party to the appeal and is not concerned in it, save as to the question of his costs, which were ordered by the learned judge to be paid by the respondent, subject to his right of recovery thereof from the appellant. In other words the judge, who did not have the benefit of any address…

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