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MARY MUKIRI
V.
NJOROGE KIANIA

(1997) JELR 99490 (CA)

Court of Appeal 30 Apr 1997 Kenya
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Case Details

Suit Number:civ app 48 of 96
Judges:Philip Kiptoo Tunoi, Richard Otieno Kwach
Location:Nairobi
Other Citations:MARY MUKIRI v. NJOROGE KIANIA[1997]eKLR

JUDGMENT OF THE COURT

This appeal arises out of the judgment and decree of the superior court (Butler-Sloss J.) by which Mary Mukiri (the appellant) was awarded a sum of Shs.200,000/= as general damages for pain, suffering and loss of amenities for injuries she sustained as a result of a traffic accident which occurred on 18th January, 1984 involving the appellant and motor vehicle registration number KLZ 215, either owned or driven by Njoroge Kiania (the respondent).

The issue of liability in negligence did not fall to be decided by the superior court as it was agreed that the respondent was to be 80% liable.

We will set out the injuries suffered by the appellant who was at the material time a 17-year old and was in form IV.

She lost consciousness as a result of the accident and according to both Consultant Neurosurgeons who examined her, that is Professor Gerishon M. Sande, and Professor Renato Ruberti, she was unconscious for seven days. Professor Sande concluded, after examining her, …

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