TRACOM LIMITED & JOSEPH MACHARIA V. HASSAN MOHAMED ADAN

RULING

1. The settling of the terms of the order was the matter that was brought before me as a single judge late last year before, regrettably, the court file went missing. I have now addressed it. The background to the matter is simple. In its judgment dated 6th November 2009, this court allowed the appeal against the High Court judgment (by Muga Apondi J) dated 15th July 2013 to the extent that the award for future medical expenses was reduced from the figure of Shs.1,250,000/= to Shs.880,000/=. The award of 900,000/= for loss of earnings was set aside as it was neither properly pleaded nor strictly proved. The total amount of Shs.3,393,350/= in the impugned judgment was reduced to a sum of Ksh.2,123,350/= less 25% contribution. It came to Shs.1,592,512.50. That amount was to carry interest at court rates. The court did not however state the date from which interest would start to accrue. Counsel for the parties could not agree on what the date should be, hence the settling of the t…