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TAYAB
V.
KINANU

(1983) JELR 95403 (CA)

Court of Appeal 30 Mar 1983 Kenya
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Case Details

Suit Number:Civil Appeal 29 of 1982
Judges:Eric John Ewen Law, Alan Robin Winston Hancox, Kenneth D Potter
Location:Nairobi
Other Citations:Tayab v. Kinanu[1983] eKLR

JUDGMENT

This appeal arises out of a road accident at Meru which happened on September 21, 1976, in which a girl who was then nine years of age (and not eight years old as the learned trial judge held) was struck by a motor car whilst crossing a road. I shall refer to the girl, who sued through her father and next friend, as ‘the plaintiff’. She is the respondent in this appeal. The appellant, an Asian lady, was the driver of the car. I shall refer to her as ‘the defendant’. The plaintiff suffered injuries which were not in themselves very serious. They consisted of a linear fracture of the right parietal bone of the skull, and bruises over the right side of the face, head and hip. The plaintiff alleged that she also suffered from a fractured pelvis, but this was not borne out by the medical evidence, and was rightly disregarded by the learned judge. The plaintiff made a good recovery from her physical injuries, and was discharged from hospital after a month. Unfortunately, some eight …

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