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SUNRIPE (1976) LTD V. GHELANI

(2003) JELR 95550 (CA)

Court of Appeal  •  Civil Appeal 119 of 2000  •  11 Apr 2003  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Effie Owuor

Judgement

JUDGMENT

This is an appeal from a judgment of the High Court of Kenya at Milimani Commercial Courts, Nairobi, Mulwa J delivered on 18th January, 2000, whereby the learned judge entered judgment for the respondent, the plaintiff in the suit, against the appellant, the defendant in the suit, in the sum of Shs 1,805,084.75 together with interest and costs being in respect of both special and general damages arising out of a road traffic accident that occurred on 9th August, 1995, in which the deceased Rajesh Natwarlal Gelani was killed. The suit was instituted by his mother in her capacity as the personal representative of his estate.

As liability is not in issue in the appeal before us, Mr Rammik Shah, counsel for the appellant, has submitted in the main that in assessing damages the learned judge erred in not taking into account relevant factors material in calculating the multiplier as a result of which the learned judge arrived at a quantum of damages that was so inordinately high as t…

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