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Moses M. Njoroge & another v Samat Bhima [1994] KECA 98 (KLR)

[1994] KECA 98 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
98
Citation
[1994] KECA 98 (KLR)
Decided
15 December 1994
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the High Court of Kenya at EldoretCoramA.M.Cockar, M.G.Muli, P.K.Tunoi
Holding

Damages for pain, suffering, and loss of amenities of life are reduced by Shs 25,000 to Shs 200,000.

Facts

On August 5, 1978, Moses M. Njoroge's lorry collided with Samat Bhima's car, causing Bhima serious injuries.

Issues

  1. Extraneous matters in awarding damages
  2. Sexual incapacity of the plaintiff

Reasoning

The judge erred in awarding damages to the plaintiff's wife and in assuming the plaintiff suffered from sexual incapacity.

Outcome

Appeal allowed on two grounds, costs awarded to appellants.

Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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