SHEIKH MUSHTAQ HASSAN V. NATHAN MWANGI KAMAU TRANSPORTERS,MICHAEL NJOGU,JOSEPH KATENDE,MURAGWE DAMAS,TASNEEM LALANI & SHEHEEN LALANI

JUDGMENT OF KNELLER JA.

Sheikh Mushtaq Hassan (Hassan or the appellant) was awarded Kshs 600 being the agreed special damages with interest at 12% a year from September 25, 1981 until payment in full, Kshs 352,500 general damages with interest at 12 % from June 14, 1985 until payment in full, his costs, including those of two advocates, by the High Court in Mombasa ( Mr Justice Aragon) on June 14, 1985 all of which has to be paid by one or more of the following – Nathan Mwangi Kamau Transporters, Michael Njogu Joseph Katende, Muragwe Damas, Tasneem Lalani and Sheheen Lalani ( the respondents). Hassan is, apparently, dismayed by the paucity of the general damages (Kshs 352,500 or UK Pounds17,625) which is described in his memorandum of appeal filed on October 31, 1985 as so inordinately low that it is a miscarriage of justice.

His advocates (Mr Gautama and Mr Diniz) in Hassan’s memorandum of appeal listed and Mr Gautama urged the reasons for what they call this miserable amount. They wer…