ROGER DAINTY V. MWINYI OMAR HAJI & MWINYI HAJI FAKI

JUDGMENT OF THE COURT

:This appeal is against the quantum of damages awarded by the superior court (J. Khaminwa, J) to the estate of James George William Campbell (deceased). The appellant is dissatisfied by the award of Shs.3,756,000/= as lost years under the Law Reform Act. He complains that the award is inordinately too low and by this appeal seeks the enhancement of the damages.

On 22^nd August, 1998 the deceased was driving motor vehicle registration No. KAJ 414W – Toyota Carina belonging to his employer (Spanfreight Shipping Limited) towards Mtwapa along Mombasa – Malindi road. When he reached Shanzu at about 5.00 a.m. his vehicle had a head on collision with an oncoming motor vehicle registration No. KAB 342M Mitsubishi Canter which was being driven by Mwinyi Haji Faki (2^nd respondent) from Kilifi towards Mombasa. The deceased died instantly. The deceased was survived by his parents George Herbert Lorne Campbell and Elizabeth Ann Campbell who gave a power of Attorney to the appell…