“"disability"” — court decisions

Judgment[1990] KECA 568 January 1990

Jiwa v Jiwa & another

Court of Appeal at MombasaJudge July,JUDGE APPEALCase number Civil Appeal 59 of 1986

Division and case type: CivilCivil Appeal

…effectually and completely to adjudicate upon and settle all questions involved in the suit, be added. (3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability…

8 min read

Judgment[2022] KEHC 1691122 December 2022

EMC v Director of Public Prosecutions

High Court at KakamegaErick Zalo,MwangiCriminal Appeal 74 of 2019

Division and case type: CriminalCriminal Appeal

…evidence was imsy, and burden of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a disability…

10 min read

Judgment[2022] KEHC 1691322 December 2022

Alukhaba v Director of Public Prosecutions

High Court at Kakamegatrial court of the,ChallaCriminal Appeal E007 of 2021

Division and case type: CriminalCriminal Appeal

10 min read

Judgment[1993] KEHC 17424 October 1993

Micahel Mutua Kiema v Hagginson Malindi Mwangemi & another

High Court at Mombasaany excavation could be continuedCase number Civil Case 89 of 1989

Division and case type: CivilCivil Case

…The plaintiff’s residual disability when combined with the fact that he is illiterate render him totally unfit for any gainful employment.…

12 min read

Judgment[1986] KECA 6620 October 1986

Abdalla Hussein Kilo v Kombo Kassim Omar & another

Court of Appeal at MombasaJUDGE APPEALCase number Civil Appeal 49 of 1984

Division and case type: CivilCivil Appeal

…In view of the treatment needed, it was too early to say what the resultant disability would be. How the appellant reached to this unfortunate state of affairs is not clear from the record.…

13 min read

Judgment[1990] KEHC 688 July 1990

Lydia Chao v Dhanjal Brothers Ltd & 3 others

High Court at Mombasait touched the,tarmacCase number Civil Case 30 of 1986

Division and case type: CivilCivil Case

…Her permanent disability was diagnosed as limitation of flexion of right knee joint and the various scars.…

…No disability expected other than a weak leg. Court awarded shs 80,000/= in October 1987.…

45 min read

Judgment[1985] KECA 1229 September 1985

KITAVI v COSATAL BOTTLERS LIMITED

Court of Appeal at MalindiBhandari,judge erred awarding Kshs,Bhandari KshsCase number Civil Appeal 69 of 1984

Division and case type: CivilCivil Appeal

…I agree that Kshs 475,000 is the right figure to be substituted for it, remembering that no money award can ever compensate the appellant for his tragic disability.…

appeal is allowedAllowed15 min read

Judgment[1985] KECA 499 September 1985

Southern Engineering Company Ltd v Mutia

Court of Appeal at MalindiJudge expressly referred Law,JUDGE APPEAL,Gautama,Inamdar,Andrew Muli,Muli,Brahmbhatt,It,These,Talati,BurbidgeCase number Civil Appeal 46 of 1983

Division and case type: CivilCivil Appeal

…I agree that Kshs 475,000 is the right figure to be substituted for it, remembering that no money award can ever compensate the appellant for his tragic disability.…

Judgment[1985] KECA 365 March 1985

Kenya Cargo Handling Services Limited v David Ugwwang

Court of Appeal at MalindiBhandari,JUDGE APPEALCase number Civil Appeal 64 of 1984

Division and case type: CivilCivil Appeal

…moment, section 2(2) of the Law Reform (Limitation of Actions, etc) Act, 1954 substituted a period of three years for six years for someone to whom a right of action for damages for personal injuries accrued was under a disability…

22 min read

Judgment[1990] KECA 5725 February 1990

Kenya Meat Commission v Richard Ambogo Raden

Court of Appeal at Commissionjudge assessed damages Kshs,JUDGE APPEALCase number Civil Appeal 40 of 1989

Division and case type: CivilCivil Appeal

…In personal injury cases there is frequently an element of delay in the trial of an action, because it is often not possible for those in medical charge of the case to assess the degree of permanent and/ or residual disability…

28 min read