REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU (Coram: Kneller, Hancox and Nyarangi, JJ A ) CIVIL APPEAL NO 2 OF 1986 BETWEEN
MOHAMED MAHMOUD JABANE .................................................................... APPELLANT
AND
HIGHSTONE BUTTY TONGOI OLENJA .......................................................... RESPONDENT
(Appeal from a judgment and decree of the High Court of Kenya at Kisumu, (Schofield J) dated December 13, 1984 and March 22, 1985 In Civil Case No 60 of 1980) ______________
JUDGMENT OF KNELLER, JA
Mr Justice Schofield awarded Highstone Butty Tongoi Olenja, the respondent plaintiff (Olenja) Kshs 29,320.00 special damages with interest on them at 12% a year from February 20, 1980 (the date the plaint was filed) to March 22, 1985 (the date of the judgment) which came to another Kshs 17,592.00 so the total award for special damages was Kshs 46,912.00. He also assessed the general damages at Kshs 786,600.00. Add these two sums and the result is Kshs 833,512.00
Mr Mene…