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Moses Kipkolum Kogo v. David Malakwen

(1998) JELR 98929 (CA)

Court of Appeal  •  Civil Appeal 74 of 1998  •  5 Nov 1998  •  Kenya

Coram
Amrittal Bhagwanji Shah, Abdulrasul Ahmed Lakha, Effie Owuor

Judgement

JUDGMENT OF THE COURT

This is an appeal by the plaintiff from a judgment of the superior court (Juma, J.) given on March 31, 1998 whereby he entered judgment for the plaintiff in the sum of K.Shs.801,753/=.

The facts giving rise to this appeal may be briefly stated. The plaintiff was travelling as a passenger in the defendant's motor vehicle along Kisumu/Nairobi Road around May 25, 1988 when the defendant's vehicle collided with a parked lorry. As a result, the plaintiff was seriously injured and had a phonological disorder of speech resulting from impaired tongue movements due to a permanent injury in the segment of motor speech area of the brain. His reading was also affected by the injury to his brain.

After a full trial and having considered all that was before him, the learned judge at first instance awarded the plaintiff a total sum of K.Shs.750,000/= for pain, suffering and loss of amenities.

Being dissatisfied, the plaintiff has appealed to this Court and two grounds of appeal hav…

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