Victor N Magara (a Minor suing through his fathr and next friend) Francis Magara v Douglas Ojwang Onachi & Charles Mageto [2004] KEHC 1173 (KLR)

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE NO. 671 OF 2000 VICTOR N. MAGARA (A Minor suing through His father and next of friends FRANCIS MAGARA …………………………….…………PLAINTIFF VERSUS DOUGLAS OJWANG ONACHI ……………,……. 1ST DEFENDANT CHARLES MAGETO ……………..…………,,…….. 2ND DEFENDANT JUDGMENT

The Plaintiff was injured in an accident on the 4/5/1997. Liability is not in dispute. The Plaintiff suffered a head injury with laceration on the right parietal area and blunt injuries to the chest. According to Dr. Wokabi the Plaintiff lost consciousness for a short period of time due to brain concussion. The frequent headaches he gets will disappear eventually. Permanent scars will persist permanently on the face and scalp.

I have considered the authorities relied on by the Plaintiff I award by way of General damages a sum of Shs.150,000/=. No special damages were proved. The cost of the suit to the Plaintiff.

Dated and delivered at Nairobi this 29th day of July 2004

P.J.RANSLEY JUDGE