[2019] KEHC 5768 (KLR)
The High Court found that the trial magistrate's award for loss of dependency was within the acceptable range and there was no basis to disturb it, despite the lack of citation of comparable authorities. The court further exercised its jurisdiction under section 99 of Cap.21 Laws of Kenya to correct a mathematical...
Source-derived case information.
- Citation
- [2019] KEHC 5768 (KLR)
- Parties
- Appellant: David Mbuba; Appellant: Solomon Itule Mbuvi; Respondent: Victoria Mwongeli Kimwalu; Respondent: Angeline Katee Ngwili
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 256 of 2017
- Procedural Posture
- Civil Appeal / Judgment and Correction of Award
- Outcome
- Award for loss of dependency confirmed and corrected; mathematical error rectified under section 99 of Cap.21.
- Judges
- CM Kariuki
- Legal Topics
- Loss of Dependency, Damages Assessment, Mathematical Correction, Appeal Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Mbuba
Appellant
Solomon Itule Mbuvi
Appellant
Victoria Mwongeli Kimwalu
Respondent
Angeline Katee Ngwili
Respondent
Procedural Posture
Civil Appeal / Judgment and Correction of Award
Legal Issues
- 1 Whether the trial court's award for loss of dependency was within the acceptable range and should be disturbed on appeal.
- 2 Whether the court has jurisdiction to correct mathematical errors in its judgment under section 99 of Cap.21 Laws of Kenya.
Ratio Decidendi
The High Court found that the trial magistrate's award for loss of dependency was within the acceptable range and there was no basis to disturb it, despite the lack of citation of comparable authorities. The court further exercised its jurisdiction under section 99 of Cap.21 Laws of Kenya to correct a mathematical error in the computation of the final award, ensuring the correct amount was reflected in the judgment. The corrected award was justified and the court confirmed its power to make such corrections suo moto.
Court Disposition
Award for loss of dependency confirmed and corrected; mathematical error rectified under section 99 of Cap.21.
Orders
- The award for loss of dependency is confirmed at Ksh.4,000,000.
- Less damages under Law Reform Act of Ksh.120,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
CIVIL APPEAL NO. 256 OF 2017
DAVID MBUBA.................................................................1ST APPELLANT
SOLOMON ITULE MBUVI............................................2ND APPELLANT
VERSUS
VICTORIA MWONGELI KIMWALU &ANGELINE KATEE NGWILI
(Suing as the legal representatives of the estate of)
PATRICK NDILEMWOLOLO........................................RESPONDENTS
DIRECTIONS
1. The trial court awarded Ksh.4,000,000/= for loss of dependency.
2. In the instant appeal, the judgement paragraph 43 the court held that; “As much as the learned trial magistrate did not cite comparable authorities, my view is that the award for loss of dependency is within acceptable range and I find no basis to disturb it.”
3. Thus the Ksh.4,000,000/= awarded was not varied by this court and thus award correction as follows –
Damages under loss of dependency - 4,000,000/=
Less damages under Law Reform Act - 120,000/=
Total - 3,880,000/=
Less 20% - 776,000/=
Balance/Award - 3,104,000/=is justified and thus accordingly corrected under section 99 of Cap.21 Laws of Kenya.
4. This court has jurisdiction to correct mathematical errors suo moto. Accordingly the award is so corrected.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MAKUENI THIS 31ST DAY OF MAY, 2019.
........................
C. KARIUKI
JUDGE