JUDGMENT OF KNELLER, J A
On February 18, 1983 the High Court in Mombasa (Bhandari J) awarded Paul Munyasia, the appellant, Kshs 600 special damages and Kshs 20,000 general damages, costs and interest on all those sums. The appellant in his Memorandum of Appeal, and by the submissions of his advocate, urges this court to allow his appeal with costs and order that his suit be reheard on the issue of damages or, alternatively, vary them because the learned judge erred in law and in fact on this award. Paul Munyasia was 6 or 64 years old on December 5, 1981 when he was taken to the Coast Province General Hospital for treatment after he was involved in a road traffic accident. He was conscious when he was admitted and he had a fracture of his left tibia – fibula. This left leg was manipulated and out into a plaster cast. He left hospital about a fortnight later, his plaster was removed two and a half months later and he then had physiotherapy for about 3 months.
On April 1, 1982, Mr. Patel a…