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Tracom Limited & Joseph Macharia v. Hassan Mohamed Adan

(2009) JELR 96673 (CA)

Court of Appeal  •  Civil Appeal 192 of 2006  •  6 Nov 2009  •  Kenya

Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno



This appeal arises from the judgment of the superior court at Nakuru (Muga Apondi J.) delivered on 15th July 2003 in which the learned Judge awarded the respondent Hassan Mohamed Adan Ksh.2,545,013 being 75% of the entire award which was Ksh. 3,393,350/=. This award was in respect of general damages, special damages, future medical expenses and loss of earnings. The record shows that the matter before the superior court did not attract viva voce evidence as the parties entered a consent on liability at 75% against the appellant and 25% being the respondent’s contribution and thereafter the parties agreed on the bundles produced by consent before the court and proceeded to submit on the question of the quantum of damages to be awarded to the respondent.

It is necessary for the understanding of this judgment that we set out what the parties stated before the hearing started and which the court apparently accepted. It was as follows:-

“Mrs . Mbanya:

We have a consent t…

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