JUDGMENT
On November 2, 1982, Mr Justice Porter, of the High Court in Nairobi, awarded Maura Kathleen Butler (the respondent) Kshs 1,600,000 damages and William J Butler (the appellant) comes to this court for orders that they be varied by substituting a sum of Kshs 500,000, which he tendered before trial, and that he be awarded the costs of the appeal and the costs of the suit in the High Court limited to costs incurred after the date when the respondent accepted the Kshs 500,000.
The respondent and her husband, Michael Deryck Butler, were travelling in their Peugeot 504 saloon, driven by her brother-in-law, the appellant, on June 23, 1979, at 11.30 pm when the appellant lost control of it along the uplands-Longonot road. She and her husband were thrown clear but he was killed. The appellant escaped and collected a matatu, which then took them to Limuru Police Station where she was transferred to a lorry, which took her back to Nairobi Hospital where she was admitted at 10.00 am. She w…