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LALJI
V.
TOKA

(1981) JELR 99663 (CA)

Court of Appeal 3 Feb 1981 Kenya
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Case Details

Suit Number:Civil Appeal 46 of 1980
Judges:Eric John Ewen Law, Alfred Henry Simpson, Chunilal Bhagwandas Madan
Location:Mombasa
Other Citations:Lalji v. Toka [1981] eKLR

JUDGMENT

Law JA The appellant was a passenger in a car which on January 21, 1976, collided with a lorry on the Mombasa-to-Malindi road. The appellant sustained serious injuries and sued the drivers and owners of the two vehicles for damages for negligence. The learned judge Kneller J found negligence proved against both drivers, and apportioned the blame as to 25% against the driver of the car and 75% against the driver of the lorry. There has been no appeal against the finding of negligence or the apportionment of blame. This appeal is concerned only with the quantum of damages, both special and general, awarded to the appellant, which he complains are so low as to form an entirely erroneous estimate.

The appellant was aged twenty nine at the time of the accident. He is a businessman, and an equal partner with his elderly father, who is semi-retired, in the firm of Mohamed Lalji and Company, which carries on wholesale and retail trade in and around Homa Bay. The injuries suffered by th…

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