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BUTT
V.
KHAN

(1978) JELR 103494 (CA)

Court of Appeal 1 Feb 1978 Kenya
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- An infant plaintiff, aged 7½, through his next friend, sued for damages after suffering serious head injuries when struck by the defendant’s vehicle; liability for negligence was admitted and not under appeal. - The defendant appealed on

Case Details

Suit Number:Civil Appeal 40 of 1977
Judges:Eric John Ewen Law JA, Chunilal Bhagwandas Madan JA, Samuel William Wako Wambuzi JA
Location:Nairobi
Other Citations:Butt v. Khan [1978] eKLR

JUDGMENT

This is an appeal by the defendant in a High Court suit in which the plaintiff, an infant suing through his father as next friend, was awarded general damages of Kshs 400,000 and special damages of Kshs 3,276, in respect of injuries suffered by him through the defendant’s negligent driving of a motor car. The grounds of appeal do not challenge the finding that the defendant was negligent, but they contend that the plaintiff should have been held to have been guilty of contributory negligence, and that the general damages awarded were manifestly excessive.

The accident giving rise to this appeal occurred shortly before 8 am on September 15, 1972, at Karakoram Road in Nairobi. There are several schools in this part of Nairobi, and at the relevant time Karakoram Road was thronged with children on their way to school. The plaintiff, then aged 71/2 years, and his sister Raheela, then aged about 9 years, were two of these children. They were on their way to Juja Road Primary School, …

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