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Moses Kipkolum Kogo v. Nyamogo & Nyamogo Advocates

(2004) JELR 98928 (CA)

Court of Appeal  •  Civil Appeal 53 of 2003  •  2 Apr 2004  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno



This is an appeal from the judgment of the Superior Court (Githinji, J – as he then was) delivered on 22nd May, 2001 in which the learned judge dismissed the appellant’s suit. The appellant herein, Moses Kipkolum Kogo sued the respondent, M/s Nyamogo and Nyamogo Advocates claiming Shs 2,084,726/= for professional negligence. The genesis of this claim was High Court Civil Case No 4925 of 1989 (Kogo v. David Malakwen) in which the appellant herein claimed damages against David Malakwen arising from a traffic accident in which the appellant sustained injuries. The appellant instructed the respondent to act for him in that civil suit. Before the suit was heard, the respondent applied for leave to amend the plaint to include a claim for special damages ie (loss of income to the tune of Shs 2,052,000/=.) As there was no objection to the plaint being amended, the trial judge (Juma, J) duly amended the plaint and proceeded to hear the suit.

In his evidence before Juma, J t…

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