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Paul N.Njoroge v. Abdul Sabuni Sabonyo

(2015) JELR 95800 (CA)

Court of Appeal  •  Civil Appeal 133 of 2005  •  27 Feb 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

Introduction

1. The focus of the appeal before us is the assessment of damages in a road traffic accident. There was no cross appeal on liability which the trial court, (Angawa, J.), found at 100% against the respondent. The appellant is Paul Njoroge (Njoroge) who was represented before us by learned counsel Mr. E.N. Mwangi, while the respondent, Abdul Sabuni Sabonyo (Abdul) was represented by learned counsel Mrs. C.W. Githae. Both counsel made oral submissions before us and produced various authorities which have been of assistance, and we thank them.

The facts and Decision of the trial court

2. The facts are fairly straight forward. Seventeen years ago, on 8th November 1997, Njoroge was the police corporal on duty at Karen Police Station. He left the police station with a driver in police 999 vehicle Reg. No. GK Z 538 heading towards Dagoretti to deploy other police officers. On their way back, as they negotiated the Karen roundabout on the Dagoretti/Ngong Roads ju…

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