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JACKSON MUTUKU NDETEI
V.
A.O. BAYUSUF & SONS LTD

(2007) JELR 101381 (CA)

Court of Appeal 25 May 2007 Kenya
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Case Details

Suit Number:Civil Appeal 6 of 2003
Judges:Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji
Location:Nairobi
Other Citations:JACKSON MUTUKU NDETEI v. A.O. BAYUSUF & SONS LTD [2007] eKLR

JUDGMENT OF THE COURT

This is the first and last appeal by JACKSON MUTUKU NDETEI, the unsuccessful plaintiff in the superior court, who was on 15th June, 1997 involved in a road traffic accident along Mombasa-Nairobi Road at Kapiti plains as a result of which he sustained grave injuries rendering him unconscious for three (3) weeks, degloving injury to the right lower leg, crush injury to the left leg leading to an above knee amputation of the same and injury to the right knee joint causing an anteromedial instability.

The appellant’s claim for special damages and general damages was dismissed by the High Court of Kenya at Machakos, Mwera, J. on 5th February, 2002 and hence this appeal.

The appellant has preferred fourteen (14) grounds of appeal upon which the decision of the superior court is challenged and were argued by Mrs. Waweru on his behalf. The appellant is, nevertheless, entitled to expect from us that we will, on a first appeal as this one, subject the evidence on record to fr…

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