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JANE WANGUI OBWOGI
V.
LAWRENCE JOHN ABURI

(1997) JELR 104389 (CA)

Court of Appeal 29 Jul 1997 Kenya
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Case Details

Suit Number:Civil Appeal 46 of 1997
Judges:Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall, Abdulrasul Ahmed Lakha
Location:Nairobi
Other Citations:Jane Wangui Obwogi v. Lawrence John Aburi [1997] eKLR

JUDGMENT OF THE COURT

This is an appeal against the quantum of damages awarded by the superior court (Juma, J.) to the appellant involved in a motor accident. There is no appeal before us against liability as interlocutory judgment was entered and the suit proceeded only on assessment of damages.

On or about October 3, 1993 the respondent was injured in a motor accident. She sustained fracture dislocation of the left hip joint, fracture of left fibula, lacerations on the face, the left lower limb and the left arm and blunt injury to the conclusion of the trial the learned judge awarded Shs.70,000/= as cost of future surgery and Shs.300,000/= by way of general damages against both of which awards the appellant has appealed.

As for damages for the cost of the operation, the learned judge allowed Shs.70,000/=. This was in accordance with the evidence of Professor Mbindyo who was the only medical expert called as witness by the plaintiff. He, however, deponed that the fracture dislocation o…

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