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Simon Taveta v. Mercy Mutitu Njeru

(2014) JELR 95061 (CA)

Court of Appeal  •  Civil Appeal 26 of 2013  •  5 Feb 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



On or about 10th December, 2009, the respondent was lawfully travelling as a passenger in motor vehicle registration No. KAS 815X Toyota Station wagon along Embu-Runyeyes Road at Kairungu when the defendant as the owner and driver of motor vehicle registration No. KBE 159U drove the said vehicle negligently and or carelessly that he knocked motor vehicle registration No. KAS 815X from the rear causing it to overturn and thereby occasioning serious injuries to the respondent.

From the medical report tendered and admitted in evidence, the respondent suffered complete paralysis of the limbs. She was completely paralyzed from the waist downwards. The limbs cannot support her. She was examined on 11th May, 2011, by Dr. R.P. Shah when she was in a wheel chair. The Doctor found the following:

Lower limbs totally paralyed and she had no voluntary movement of any part of the lower limbs.

She will never be able to walk or use her lower limbs.

The injury to the spinal cord had d…

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