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Sameer Jethwa v. Francesco Di Nello & Sacha Francesca

(2015) JELR 96531 (CA)

Court of Appeal  •  Civil Appeal 177 of 2008  •  19 Jun 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Philomena Mbete Mwilu, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. On the 16th April, 1994 at about 2.00 a.m. along Langata South Road SAMEER JETHWA (appellant) was a lawful passenger in motor vehicle registration number KAC 320W which was being driven by SACHA FRANCESCA (2nd respondent) when a self-involving accident occurred. The appellant sustained serious injuries.

2. The appellant had a suit filed on his behalf by his next friend and father as he was a minor at the time material to the cause of action. The plaint was variously amended to accommodate claims that continued to arise as time went by. The last of the amendments was the Further Re-Amended Plaint dated 6th November, 2002 vide which particulars of special damages and projected expenses were given. In addition to the special damages, the plaintiff sought damages for pain, suffering and loss of amenities, loss of future earnings and/or lost years, other incidental expenses and future pecuniary expenses.

3. When the judgment was finally delivered the appellant was awa…

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