MOUNT KENYA SAFARI CLUB LIMITED V. DONALD JENKINS

JUDGMENT OF THE COURT

When this appeal came up for hearing on 9^th December, 1996, out of its six grounds of appeal, the appellant abandoned ground 5 and combined grounds 1 and 2, as one set of grounds of appeal and grounds 3, 4 and 6 as the other set of the grounds of appeal. The two sets were then argued separately.

Concerning the first set of its grounds of appeal, counsel for the appellant, Mr. Billing, submitted that the award of general damages by the learned Chief Justice to the respondent of the equivalent in Kenya Shillings of 60,000 U.S. dollars for pain, suffering and loss of amenities was excessive in the circumstances of the case before him besides its being wrong in law as it was expressed in foreign currency. According to counsel, the proper award to the respondent in this regard should have been in the region of K.Shs.150,000/- considering the recent relevant local authorities.

Regarding the second set of the appellant’s grounds of appeal, Mr. Billing submitted that the aw…