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Rapheal Omolo v. Republic

(1983) JELR 96782 (CA)

Court of Appeal  •  Criminal Appeal 39 of 1983  •  20 Jun 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Alister Arthur Kneller, David Christopher Porter

Judgement

Republic of Kenya

Court of Appeal, at Mombasa

Potter, Kneller JJA and Chesoni Ag JA

Ali v. Muhozozo

Civil Appeal No 9 of 1983

Damages - quantum of damages - assessment of - failure to consider other decisions with similar facts - failure to take into account the effect of inflation - whether such an error of principle - general damages - quantum of damages - personal injuries - pain and suffering - severe cuts on the forehead and eye, abrasions and bruises, wounds on right ankle, fracture of right leg, no permanent injury - adequacy of award.

The appellant was knocked down by a motorcycle ridden by the first respondent as a servant of the second respondent. The appellant, who was then eight years old, suffered severe cuts on the forehead and right eye, abrasions and bruises, wounds on the right ankle and a fracture of the right leg for which she was given treatment. She sued both respondents through her next friend for damages. Upon medical examination about eight months after the accident,…

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