SIMON LUDEKI V. PHILOMENA NYABOKE & REGISTERED TRUSTEES OF THE CATHOLIC DIOCESE OF NAKURU

JUDGMENT OF THE COURT

Simon Ludeki (the appellant) sued Philomena Nyaboke (the first respondent) and the Registered Trustees of the Catholic Diocese of Nakuru (the second respondent) to recover damages for personal injuries he sustained in a collision between a motor vehicle driven by his son, in which he was a passenger, and another vehicle owned by the second respondent, but at the material time being driven by the first respondent. The Judge found that the accident was caused entirely by the negligence of the first respondent. The Judge awarded the appellant Shs.750,000/- for pain, suffering and loss of amenities; Shs.125,000/- for future medical expenses; and special damages in the sum and Shs.487,792.55. The total awarded amounted to Shs.1,362,792.55.

The appellant has put forward 3 grounds of appeal. The first ground is that the Judge erred in failing to award him any damages for loss of earning capacity or loss of income. At the date of trial early this year, the appellant was 63…