MARGARET ALUOUCH ODUOL vs THE ATTORNEY GENERAL [2000] KEHC 192 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 1874 OF 1993

MARGARET ALUOUCH ODUOL……………………….PLAINTIFF -VERSUS- THE ATTORNEY GENERAL……..……….……………..DEFENDANT

JUDGEMENT

There is judgement entered in this suit leaving only the assessment of damages.

According to the medical report the plaintiff suffered the following injuries as a result of the accident.

(1) Head injuries and was unconscious for 4 days (2) Whip-lash injury of the neck (3) Burnt chest injury (4) Dislocated right elbow point (5) Severe blunt injury to limbo sacral spine and right hip joint (6) Severe blunt injury to the right shoulder (7) Sprained right knee joint.

She complained of poor memory and headaches.

In support of what damages should be paid for these injuries each side cited cases for campanion.

I have compared the injuries in these cited cases with the plaintiffs injuries and I decided that a sum of Shs.350,000/- shall be adequate compensation.

There will be judgement for the plaintiff for the sum of Kshs.350,000/- and Kshs. 1,300/- as special damages.

The Plaintiff shall have the cost of the suit and interest.

Dated and delivered on 4th October, 2000.

The Plaintiff will have the costs of the suit and interest

Dated and delivered this 6th day of October, 2000.

KASANGA MULWAJUDGE