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SAMUEL OSORO NYAMWARO & 2 ORS
V.
BONIFACE KAMAU & ANOR

(1995) JELR 93610 (CA)

Court of Appeal 29 Sep 1995 Kenya
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Case Details

Suit Number:Civil Appeal 197 of 1994
Judges:Johnson Evan Gicheru, Akilano Molade Akiwumi, Philip Kiptoo Tunoi
Location:Nakuru
Other Citations:Samuel Osoro Nyamwaro & 2 others v. Boniface Kamau & another [1995] eKLR

JUDGMENT

The appellants seek in this appeal the enhancement of the general damages awarded them by the learned judge of the High Court for the injuries suffered as a result of a motor accident caused through the negligence of the respondents on 18th July, 1994. Liability was admitted and the medical reports on the appellants accepted in evidence by consent. The learned judge then ordered that written submissions should be filed within 14 days, that is by 1st August, 1994. As it happened, submissions for the appellants were filed late on 22ndApril, 1994. It is not clear when that for the appellants, are part of the record of appeal. The learned judge, however, did not give his judgment on 22nd August, 1994, as he had hoped, but did so a month later on 22nd September, 1994, after the appellants submissions had already been filed. In the introduction to his judgment, the learned judge said that he had taken the medical reports into consideration. He, however, refused to take into account …

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