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DANIEL KOSGEI NGELECHEI
V.
CATHOLIC DIOCESE REGISTERED TRUSTEES OF ELDORET & ANOR

(2016) JELR 97569 (CA)

Court of Appeal 14 Jun 2016 Kenya
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Case Details

Suit Number:Civil Appeal 255 of 2013
Judges:David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu
Location:Eldoret
Other Citations:Daniel Kosgei Ngelechei v. Catholic Diocese Registered Trustees Of Eldoret & another [2016] eKLR

JUDGMENT OF THE COURT

In a judgment delivered on 26th June 2013, the High Court at Eldoret (G. W. Ngenye-Macharia, J.) awarded the appellant general damages and proved special damages but dismissed the appellant ’s claim for future medical expenses and for loss of earnings and loss of future earnings. The appellant has appealed to this Court from that part of the judgment dismissing his claim for future medical expenses and for loss of earnings as well as loss of future earnings.

Background

The appellant sustained severe injuries in a road traffic accident on 24th September 2005 that resulted in a traumatic amputation of his left lower limb above the knee. Liability was apportioned between the parties by consent. The respondents agreed to shoulder 80% liability while the appellant conceded contributory negligence at 20%. The trial then proceeded on the issue of quantum of damages following which the High Court delivered the partially impugned judgment on 26th June 2013. The court awarded…

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