[2008] KEHC 3594 (KLR)
The court found that the plaintiff had obtained a grant of representation prior to the hearing and was therefore the rightful party to bring the suit. Liability had been admitted by the defendant at 100%. The court assessed special damages based on receipts produced, awarding KES 42,830. For loss of dependency, the...
Source-derived case information.
- Citation
- [2008] KEHC 3594 (KLR)
- Parties
- Plaintiff: Daniel Kareru Wairia; Defendant: Tanfiq Bus Services
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 75 of 2000
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Fatal Accidents, Damages Quantification, Dependency Claims, Special Damages, Liability Admission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kareru Wairia
Plaintiff
Tanfiq Bus Services
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff had locus standi to file the suit as legal representative of the deceased.
- 2 Whether the defendant was liable for the accident resulting in the deceased's death.
- 3 What quantum of damages is payable to the plaintiff, including special and general damages.
Ratio Decidendi
The court found that the plaintiff had obtained a grant of representation prior to the hearing and was therefore the rightful party to bring the suit. Liability had been admitted by the defendant at 100%. The court assessed special damages based on receipts produced, awarding KES 42,830. For loss of dependency, the court used the deceased's net monthly income, applied a dependency ratio of two-thirds, and a multiplier of 15 years, resulting in KES 594,000. Additional awards were made for expectation of life (KES 100,000) and loss of consortium (KES 20,000). The total award to the plaintiff was KES 756,830, plus costs and interest at court rates from the date of judgment.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff against the defendant in the sum of KES 756,830.
- Plaintiff awarded costs of the suit.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Civil Case 75 of 2000
DANIEL KARERU WAIRIA…………………………........……PLAINTIFF
VERSUS
TANFIQ BUS SERVICES…………………………………DEFENDANT
JUDGMENT
The deceased Rose Wanjiru Mutenderu aged 30 years met her death in a traffic Accident on 24/8/2000 at Nithi Bridge along Meru Nairobi Road.
On 19/9/2007 in this court the parties recorded by consent that the defendant liability was admitted on 100%.
It was also agreed that the plaintiff advocate submit on quantum for considering by Counsel for Defendant. The submissions by defendant counsel take objection to the whole suit for the reason that the plaintiff has not obtained a grant of representation to enable him to file suit. This suit was filed on 15/11/2000 but on 18/10/2000a grant was issued to the plaintiff. He is rightful party.
On the issue of pleadings damages the plaint was amended by order of court on 22/10/2001 when the defendants were disclosed and special damages pleaded as Shs.100/= police Abstract and Shs.67,250/= funeral expenses.
Receipt for coffin -10,000/=
Receipt for funeral announcement -1,600/=
Receipt for hired vehicle -15,000/=
Receipt for foodstuffs - 15,180/=
Receipt for Death Certificate - 50/=
Receipt for Chuka Morgue - 500/=
42,730/=
Total Special Damage with receipts amount to Shs.42,830/=. Special damages proved and awarded.
The payslip shows that the Gross Salary was Shs.5080. The statutory deductions amounted to Shs.80/= computer Health and Shs.50/= sports Social. Therefore available cash was Shs.4950/= which she committed to repayments of co-operative loans and other things. Therefore she contributed the 2/3 to her family and for multiplier assessed by court at 15 years the dependency amount to 2/3 x 4950 12 x 15 years = 594,000/=.
There is claim for expectation of life awarded at Shs.100,000/= and loss of consortium assessed at Shs.20,000/=. The damages awarded total Shs.714,000/=. Judgment is entered for plaintiff against the Defendant in the said sum of Shs.756,830/= plus costs and interest and court rates from date of Judgment.
Orders accordingly.
Dated this 21st January, 2008.
J. N. KHAMINWA
JUDGE
21/1/2008
Khaminwa – Judge
Njue – Clerk
M/s Njeru H/B for Muraguri.
J. N. KHAMINWA
JUDGE