IN THE COURT OF APPEAL,
AT NAIROBI
(CORAM: NYARANGI, PLATT and APALOO JJA)
CIVIL APPEAL NO. 38 OF 1985
KARANJA .............................................................APPELLANT
VERSUS
INTER CONTINENTAL HOTEL and ANOTHER...............RESPONDENTS
JUDGMENT
This is an appeal from the award of damages made by the High Court in a personal injury suit. Although the facts were contested in the court below, the learned judge’s findings of fact were not in issue on this appeal. The appellant’s grievance was limited to the quantum of damages.
In order to consider the validity or otherwise of the appellant’s grievance, it is necessary to relate the facts briefly. The appellant is the owner of a motor car which he uses as a taxi. It appears that he often frequents the respondent hotel, either in ordinary course of business or sometimes for purely social purposes.
There is evidence that before April 1976, there was some difference between the appellant and the management of the respondent hotel. So he …