ZIPHORAH WAMBUI WAMBAIRA & 17 OTHERS V. GACHURU KIOGORA, DAVID MWANIKI KURIA & KIONGERA SAW MILLS

JUDGMENT OF THE COURT

This is an appeal from the judgment of the superior court (Ang’awa J.) delivered in Nairobi on 4th July 2002. This appeal is basically on assessment of damages as can be noted from the grounds of appeal which are as follows:-

(1) The learned Trial Judge erred and misdirected herself both in law and fact on the medical evidence tendered in court and thereby arrived at an erroneous estimate of the general damages by awarding inordinately low figures.

(2) The learned trial judge err ed and misdirected herself in law and in fact on the medical evidence tendered by the 13th plaintiff on the injuries sustained by Muriithi Wang’ondu (deceased) and thereby arrived at an erroneous conclusion in not finding that the documentary evidence tendered in court matched the pleadings.

(3) The learned trial Judge erred and misdirected herself in law and in fact in setting aside on her own motion a consent entered for special damages between the plaintiff and the 2nd defendant.

On the 10…