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,…