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Sosphinaf Company Limited & James Gatiku Ndolo v. Daniel Ng'ang'a Kanyi

(2006) JELR 94451 (CA)

Court of Appeal  •  Civil Appeal No. 315 of 2001  •  5 Apr 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is an appeal against the judgment of the superior court (Rimita J) dated 23rd March, 2001 wherein the superior court awarded to the respondent herein a total of Shs.3,020,000/= as damages as a result of injuries sustained by him in a road traffic accident.

The superior court had after trial found that the respondent had not proved that the appellants herein were liable for the accident and dismissed the respondent’s suit.

However, on appeal by the respondent to this Court against the dismissal of the suit in Civil appeal No. 52 of 1999, Daniel Ng’ang’a Kanyi v. Sosphinaf Company Ltd. U Another (unreported), the judgment of the superior court was set aside and judgment was entered for the respondent on the issue of liability. The case was remitted to the superior court for the assessment of damages hence the award precipitating this appeal.

The respondent had produced a Medical Report prepared by Dr. J. Ndungu Muiru dated 6th March, 1995 as exhibit at the first t…

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