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CECILIA W. MWANGI & ANOTHER
V.
RUTH W. MWANGI

(1997) JELR 104442 (CA)

Court of Appeal 3 Dec 1997 Kenya
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Case Details

Suit Number:Civil Appeal 251 of 1996
Judges:Gurbachan Singh Pall, Philip Kiptoo Tunoi
Location:Nyeri
Other Citations:CECILIA W. MWANGI & another v. RUTH W. MWANGI [1997] eKLR

JUDGMENT OF THE COURT

This appeal arises out of a road accident which occurred on 23rd October, 1990 in which the respondent, who was then 32 years of age was injured whilst she was travelling as a passenger in motor vehicle registration number KAA 091V belonging to the first appellant and which was at the material time driven by the second appellant. Liability for the accident is not in dispute. It was agreed between the parties that the liability of the appellants was to be 80%. The learned judge did not reduce the figure of damages he awarded by 20%. At this stage nothing turns on that factor.

The injuries suffered by the respondent can be summarised as follows:

1. Head injury (cerebral concussion)

2. Cut wound over the vertex of the scalp.

3. Cut wounds over the right lower leg.

4. Injury to the pelvis resulting in fractures of the right superior and Inferior pubic rami.

Medical reports by two experts were by consent of the parties, produced before the learned judge (Osiemo, J). Although…

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