JUDGMENT OF THE COURT
This is a second appeal by the appellant Agnes Kamene Mulyali. Her first appeal against the apportionment of liability and quantum by the Chief Magistrate’s Court for personal injuries sustained in a fall at her place of work some fifteen years ago was allowed in part by the High Court (Okwengu, J. as she then was). That court adjusted liability from 50:50 to 70:30 in favour of the appellant but left undisturbed the trial court’s award of Kshs. 150,000 general damages and Kshs. 20,000 being the cost of future medical expenses.
Notwithstanding that in so deciding the learned Judge substantially found for the appellant and awarded her costs while dismissing the respondent’s cross appeal against the Magistrate’s attaching of any liability to it, the appellant, clearly an optimistic and intrepid pleader, was aggrieved and filed this appeal in which she charges that the learned Judge nevertheless fell into error by:
- Declining to enhance the award of general damages for p…