Customer Support

ROGER DAINTY
V.
MWINYI OMAR HAJI & ANOTHER

(2004) JELR 95817 (CA)

Court of Appeal 30 Jul 2004 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 59 of 2004
Judges:Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji
Location:Mombasa
Other Citations:Roger Dainty v. Mwinyi Omar Haji & another [2004] eKLR

JUDGMENT OF THE COURT

:This appeal is against the quantum of damages awarded by the superior court (J. Khaminwa, J) to the estate of James George William Campbell (deceased). The appellant is dissatisfied by the award of Shs.3,756,000/= as lost years under the Law Reform Act. He complains that the award is inordinately too low and by this appeal seeks the enhancement of the damages.

On 22nd August, 1998 the deceased was driving motor vehicle registration No. KAJ 414W – Toyota Carina belonging to his employer (Spanfreight Shipping Limited) towards Mtwapa along Mombasa – Malindi road. When he reached Shanzu at about 5.00 a.m. his vehicle had a head on collision with an oncoming motor vehicle registration No. KAB 342M Mitsubishi Canter which was being driven by Mwinyi Haji Faki (2nd respondent) from Kilifi towards Mombasa. The deceased died instantly. The deceased was survived by his parents George Herbert Lorne Campbell and Elizabeth Ann Campbell who gave a power of Attorney to the appell…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.