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RODRECK NDIRANGU WANDARUA v. AND PETER MAINA KARIUKI

(1998) JELR 94182 (CA)

Court of Appeal  •  civ app 190 of 97  •  20 Feb 1998  •  Kenya

Coram
Gurbachan Singh Pall, Akilano Molade Akiwumi, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

This is an appeal by the defendant against a judgment of the High Court of Kenya at Nairobi (Juma, J) in which he was ordered to pay to the respondent, the original plaintiff, a total of Shs.1,634,848.20 damages for personal injuries suffered as a result of a motor accident.

Liability for the accident is not the subject of this appeal as none of the grounds of appeal raises this issue.

Mrs. Kiarie, counsel for the appellant, has based her appeal on the following two grounds, namely:-

"1.That the learned Judge erred in awarding Shs.1,000,000/= in cost of prosthesis to the plaintiff while relying on the evidence of Dr. Bhanji, in the light of Dr. Wokabi's evidence that a prosthesis obtained locally made of fibre glass material was available; offering the same facilities and conveniences as the exotic prosthesis. Further in the light of the fact that the prosthesis made of fibre glass had movable joints and this fact was not disputed by Dr. Bhanji.

2.That learned Judge e…

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