SALVATORE DE LUCA V. ABDULLAHI HEMED KHALIL & SALIM AL AMODY

JUDGMENT OF THE COURT

This is an appeal from a judgement and decree of the High Court of Kenya at Mombasa (Githinji, J) given on 21^st May, 1990 awarding the appellant a total of Shs. 770,239.40 in general and special damages under the law Reform Act and the Fatal Accidents Act.

The appellant is an Italian citizen domiciled in Italy. He was the husband of Anna Deo Meo whilst on a tour of Kenya was tragically killed in a road accident along the busy Mombasa-Malindi road on March 27, 1986. The learned judge of the superior court assessed the damages pursuant to an interlocutory judgement entered against the respondents on February 26, 1988 following their failure to file a defence.

The appellant had appealed to this court on four grounds of appeal but at the commencement of the hearing, Mr. Kasmani, counsel for the appellant, argued on two grounds only. These were as follows;-

“1. The learned judge erred in law in converting the loss and damages in Italian Lira at the rate of Kshs 1.00, whic…