PELEZIA BAKARI SALIM V. SOMOIRE KEEN, J. KEEN TRANSPORTERS & SOMON TRANSPORTERS

JUDGMENT OF MUSINGA, J.A

1. The appellant was the plaintiff in a claim for damages in respect of personal injuries arising out of a road traffic accident that occurred on 7th March 2012. She filed a suit Civil Suit No. 89 of 2013 in the Chief Magistrates’ Court at Busia. Judgment on liability was entered by consent, apportioned at 80% against the respondents and 20% against the appellant. The trial court was asked to assess the quantum of damages payable.

2. The appellant’s injuries were indicated as trauma to the head with brain concussion and loss of consciousness; laceration with torn muscular tissues on the forehead and both upper lips, blunt soft tissue injuries; traumatic amputation of the right upper limb with loss of the right shoulder joint, and extensive lacerated wound on the right thigh with severe loss of thigh muscle from the hip joint down to the ankle joint.

3. The suit was heard by C.I. Agutu, Resident Magistrate. In a judgment delivered on 19th December 2013, the learne…