[2001] KEHC 136 (KLR)
The court dismissed the suit on the basis that the plaintiff failed to prove liability against the defendants. No evidence was adduced as to how the accident occurred, nor were any witnesses called to establish the defendants' responsibility. The legal burden of proof in civil cases rests on the plaintiff, and in...
Source-derived case information.
- Citation
- [2001] KEHC 136 (KLR)
- Parties
- Plaintiff: Alice Njoki Wachichi; Defendant: Lang't Koech; Defendant: Baxton Muthama Muya; Defendant: Pauline Muthoni Kiiru; Defendant: Peter Kariuki Nduru; Defendant: Harjit Singh; Defendant: Abdu Kikomeni
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2104 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- suit dismissed
- Legal Topics
- Fatal Accidents, Wrongful Death, Liability Proof, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alice Njoki Wachichi
Plaintiff
Lang't Koech
Defendant
Baxton Muthama Muya
Defendant
Pauline Muthoni Kiiru
Defendant
Peter Kariuki Nduru
Defendant
Harjit Singh
Defendant
Abdu Kikomeni
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants were liable for the fatal motor vehicle accident resulting in the death of the deceased.
- 2 Whether the plaintiff proved liability against the defendants as required by law.
- 3 What quantum of damages would have been awarded under the Law Reform Act and Fatal Accidents Act if liability had been established.
Ratio Decidendi
The court dismissed the suit on the basis that the plaintiff failed to prove liability against the defendants. No evidence was adduced as to how the accident occurred, nor were any witnesses called to establish the defendants' responsibility. The legal burden of proof in civil cases rests on the plaintiff, and in the absence of interlocutory judgment, liability must be established by evidence. Since this was not done, the court found no basis to hold the defendants liable and dismissed the suit. The court, however, indicated the quantum of damages it would have awarded had liability been established, but this was rendered academic by the failure to prove liability.
Court Disposition
suit dismissed
Orders
- The suit is dismissed with costs to the defendants.
Full Case Text
Judgment text and source record
40 paragraphs
1) Motor vehicle accident 2) Passenger 3) Male adult aged 45 in 1996 4) Fatal Accident 5) Liability – nil not proved 6) Suit dismissed 7) Possible awards:
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO.2104 OF 1998
ALICE NJOKI WACHICHI(Suing as next of kin and
Administrix of the estate of the late
WAWERU KARIUKI (Deceased)
VERSUS
LANG’T KOECH ----------------------------------------- 1ST DEFENDANT
BAXTON MUTHAMA MUYA ------------------------ 2ND DEFENDANT
PAULINE MUTHONI KIIRU --------------------------- 3RD DEFENDANT
PETER KARIUKI NDURU ---------------------------- 4TH DEFENDANT
HARJIT SINGH ----------------------------------------- 5TH DEFENDANT
ABDU KIKOMENI --------------------------------------- 6TH DEFENDANT
JUDGMENT
Alice Njoki Wachichi, filed this suit for the wrongful death of her husband against the defendant No. 1 and 2 being the owner and driver of a motor vehicle that is said to have been involved in an accident whereby her husband died.
The claim has been brought under the Law Reform Act and under the Fatal Accidents Act.
Originally there were four other defendants in this case. The plaintiff discontinued the suit against them in March, 23rd, 2001.
Alice stated that she has four children. She did not produce a birth certificate as the said certificates were lost and or stolen. The children are all in secondary school except for the last born.
Apart from the evidence given the plaintiff did not mention how the accident occurred, nor was there any witness called to prove liability.
I had mentioned earlier in some of my decision and those of the Court of Appeal that where interlocutory judgment has not been entered liability must be proved. In this case it has not. As such this suit is hereby dismissed.
In the event that the plaintiff would have been successful. I would have awarded the following.
Under the Law Reform Act.
Loss of expectation of life Kshs.70,000/-.
Under the Fatal Accidents Act.
I note that the deceased was a lecturer earning Ksh.26,000/-
per month inclusive of house allowance. That he was aged 45-44 years in 1996. A multiplier of 10 years is fair in the circumstances.
The basic salary by 14,000/- (exclusive of house allowance) my calculation would have been 14,000 x 10 x12 x 2/3 = Ksh.1. 130,000/-
I would have discounted Ksh.130,000/- for accumulated payment and possible remarriage by the plaintiff.
I would have appointed the sum as follows:-
Wife Ksh.200,000/-
1st Child Ksh.200,000/-
2nd Child Ksh.200,000/-
3rd Child Ksh.200,000/-
4th Child Ksh.200,000/-
The minors have share would have been invested.
I would otherwise dismiss this suit with costs.
Dated this 7th day of November, 2001 at Nairobi.
M.A. ANG’AWA
JUDGE