[2024] KEHC 12071 (KLR)
The High Court found that there were irreconcilable discrepancies between the record of appeal and the trial court record regarding the identity and age of the deceased. The record of appeal referred to a different deceased person (Baya Kalama, aged 24) than the one in the trial court record (Didlora Mwaka Mwangala,...
Source-derived case information.
- Citation
- [2024] KEHC 12071 (KLR)
- Parties
- Appellant: China City Construction Company Limited; Appellant: Kennedy Sete Kiprotich; Respondent: Mbura Herbert Karis (Suing as the Administrator and Legal Representative of the Estate of the Late Didlora Mwaka Mwangala)
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 105 of 2023
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- SM Githinji
- Legal Topics
- Appeals Process, Assessment of Damages, Dependency Claims, Record of Appeal Discrepancies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
China City Construction Company Limited
Appellant
Kennedy Sete Kiprotich
Appellant
Mbura Herbert Karis (Suing as the Administrator and Legal Representative of the Estate of the Late Didlora Mwaka Mwangala)
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court erred in assessing the deceased's monthly earnings without supporting evidence.
- 2 Whether the trial court correctly applied the multiplicand and multiplier in calculating loss of dependency.
- 3 Whether the trial court properly analyzed the evidence and awarded damages.
Ratio Decidendi
The High Court found that there were irreconcilable discrepancies between the record of appeal and the trial court record regarding the identity and age of the deceased. The record of appeal referred to a different deceased person (Baya Kalama, aged 24) than the one in the trial court record (Didlora Mwaka Mwangala, aged 30). Due to these inconsistencies, the appellate court was unable to properly evaluate the merits of the appeal or the grounds raised. The absence of a proper and accurate record of appeal is fatal to the determination of the appeal. Consequently, the court dismissed the appeal for want of a proper record, with costs awarded to the respondent.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
- Parties to be notified of the judgment.
Full Case Text
Judgment text and source record
22 paragraphs
China City Construction Company Limited & another v Karis (Suing as the Administrator and Legal Representative of the Estate of the Late Didlora Mwaka Mwangala) (Civil Appeal 105 of 2023) [2024] KEHC 12071 (KLR) (8 October 2024) (Judgment)
Neutral citation: [2024] KEHC 12071 (KLR)
Republic of Kenya
In the High Court at Malindi
Civil Appeal 105 of 2023
SM Githinji, J
October 8, 2024
Between
China City Construction Company Limited
1st Appellant
Kennedy Sete Kiprotich
2nd Appellant
and
Mbura Herbert Karis
Respondent
Suing as the Administrator and Legal Representative of the Estate of the Late Didlora Mwaka Mwangala
(Being an Appeal from the Judgment of Honourable R.Amwayi – SRM delivered in the Chief Magistrate’s Civil Suit No.E046 of 2021 Kaloleni on 14th day of July, 2023)
Judgment
Representation:Mr Wachira Advocate for the Appellant/ApplicantMr Ngure Advocate for the Respondent 1This Appeal arises from the judgment of the learned Senior Magistrate Hon. R.M Amwayi delivered on 14. 06. 2023 in Civil Suit No. E046 of 2021 in Kaloleni wherein judgment was entered in the following terms;a.Pain and suffering Kshs. 50,000b.Loss of expectation of life Kshs. 100,000c.Loss of dependency Kshs. 13,572x2/3x25 Kshs. 2,714,400d.Special damages Kshs. 75,000Total Kshs. 2,939,400
2The appeal is raised on the following grounds;1. The learned magistrate erred in fact by holding that the deceased was earning Kshs. 13,572. 00 per month without any evidence in support thereof.2. The learned magistrate erred in law and in fact by applying a multiplicand of 2/3 and a multiplier of 25 years where the deceased was aged 30 years at the time of death.3. The learned magistrate erred in law and in fact in the manner she awarded the damages.4. The learned magistrate erred in law and in fact in the manner she analyzed the evidence and arrived at her finding.
Disposition 3While analyzing the evidence at trial, I noted that the evidence of the trial court and the evidence in the Record of Appeal do not tally. The evidence in the record of appeal, refers to the deceased being Baya Kalama who was 24 years old at the time of his demise. From the trial court record, the suit was in respect of the estate of Didlora Mwaka Mwangala who was 30 years old at the time of her demise. Given the discrepancies in the Record of Appeal and the trial court record, I am unable to make a determination on the Appeal due to want of a proper record of Appeal. Consequently, the appeal herein fails and is dismissed with costs to the Respondent.
RULING READ, SIGNED AND DELIVERED VIRTUALLY AT MALINDI THIS 8THDAY OF OCTOBER, 2024. ....................S.M. GITHINJIJUDGEIn the Absence of; -1. Mr Wachira for the Appellant.2. Mr Ngure for the RespondentParties be notified.....................S.M. GITHINJIJUDGE8/10/2024