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FORWARDING COMPANY LIMITED & ANOR
V.
TIJAN KISILU

(2022) JELR 113440 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 344 OF 2018
Judges:DK MUSINGA, JA AK MURGOR, JA F SICHALE, JA
Location:Nairobi

JUDGMENT

  1. This is an appeal from the judgment and decree of the High Court (Aburili, J.), where the learned judge found the 1st and 2nd appellants here 100% jointly and severally liable for a road traffic accident that led to severe bodily injuries on the respondent.

  2. The respondent had instituted a suit against the two appellants seeking the following reliefs:

    a) Special damages in the sum of Kshs.7,400,004.00 together with interest;

    b) General damages for pain and suffering and loss of amenities;

    c) Future medical expenses;

    d) Costs of the suit and interest thereon.

  3. The respondent’s suit was founded on the tort on negligence. According to the respondent, on the 15th April 2012 he was lawfully travelling as a passenger in motor vehicle registration number KAH 500Y along James Gichuru Road in Nairobi when the 2nd appellant negligently and carelessly controlled motor vehicle registration number KBA 111E leading to a collision between the motor vehicles, as a result of which the respondent was l…

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