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CATHOLIC DIOCESE OF KISUMU
V.
TETE

(2004) JELR 103356 (CA)

Court of Appeal 1 Jun 2004 Kenya
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Case Details

Suit Number:Civil Appeal 284 of 2001
Judges:Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Location:Kisumu
Other Citations:Catholic Diocese of Kisumu v. Tete [2004] eKLR

JUDGEMENT OF THE COURT

This an appeal from the judgement and decree of the Superior Court (Wambilyanga, J) by which the learned judge of the Superior Court awarded Shs 1,300,000/-as general damages to the respondent. There is only one ground of appeal which states:

“That the award of Kshs 1, 300,000 as general damages is manifestly excessive and based on wrong principles in view of the injuries sustained by the respondent and so amounts to an erroneous estimate and award.”

On 28th April, 1994 the respondent was traveling in a motor vehicle registration No KZU 932 pick-up belonging to the appellant which motor vehicle overturned as a result of which the respondent sustained injuries.

The respondent who was about 38 years old at the time of the accident was a widow with five children the youngest being 9 years old. She was examined by four doctors namely Dr Gideon Nyachaki; Dr Badia, Dr Odondi and Mr Gaya. According to the medical report prepared by Dr Badia who examined her 16/2/95, the re…

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