[2004] KEHC 1676 (KLR)
The court found that the second defendant, as an employee of the first defendant, negligently drove a City Council lorry which left the road and struck the deceased, who was standing on the pavement. The evidence of the plaintiff's witness, who was present at the scene, was accepted over the defendants' contentions....
Source-derived case information.
- Citation
- [2004] KEHC 1676 (KLR)
- Parties
- Plaintiff: David Muturi Njoroge; Defendant: Nairobi City Commission; Defendant: Peter Ndoni Ngugi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2862 of 1991
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- JK Mulwa
- Legal Topics
- Negligence, Vicarious Liability, Fatal Accidents, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Muturi Njoroge
Plaintiff
Nairobi City Commission
Defendant
Peter Ndoni Ngugi
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendants were liable for the death of the deceased as a result of negligence.
- 2 Whether the first defendant was vicariously liable for the acts of the second defendant.
- 3 What quantum of damages is payable to the plaintiff under the Law Reform Act and Fatal Accidents Act.
Ratio Decidendi
The court found that the second defendant, as an employee of the first defendant, negligently drove a City Council lorry which left the road and struck the deceased, who was standing on the pavement. The evidence of the plaintiff's witness, who was present at the scene, was accepted over the defendants' contentions. The court held that the deceased was not contributorily negligent and that the first defendant was vicariously liable for the acts of its employee. The court assessed damages under the Law Reform Act and Fatal Accidents Act, considering the deceased's age, salary, and dependency status, and awarded a total sum of Kshs. 360,480 to the plaintiff, together with costs and interest.
Court Disposition
Judgment for the plaintiff.
Orders
- Plaintiff awarded Kshs. 100,000 for loss of life under the Law Reform Act.
- Plaintiff awarded Kshs. 260,480 for loss of dependency under the Fatal Accidents Act.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 2862 OF 1991
DAVID MUTURI NJOROGE.………………..…………………….PLAINTIFF
VERSUS
NAIROBI CITY COMMISSION……………………..……………..1ST DEFENDANT
PETER NDONI NGUGI……………………………………………..2ND DEFENDANT
JUDGMENT
Liability
The Plaintiff is suing as the administrator of the estate of the late Peter Njoroge. He is the uncle of the deceased. PW2 James Kihara in his evidence said that he is a brother to the deceased. On 1. 7.1990 they were in Ngei estate, Huruma, Nairobi. They were standing besides the road in a plot they intended to build on when a City Council lorry left its way and knocked the deceased. He had himself to run away to avoid the lorry. They took the registration number of the lorry which was KUL 961. The lorry did not stop. It was in high speed and it looked like it had lost control. His brother died at Kenyatta National Hospital. He denied the suggestion in the defence that he was attempting to cross the road or that he was drunk. I accept the evidence by PW2 on how the accident occurred. I have read the defence to the claim and I reject the contention that the accident was as a result of the negligence of the deceased. The evidence by the plaintiff witness who was present when the accident happened was that the lorry had left the road and knocked the deceased while on the pavement.
I hold and find that the second defendant was wholly to blame for the accident. The second defendant was an employee of the 1st defendant and was in the course of his employment. The 1st defendant is therefore vicariously liable.
Damages
I accept the evidence that the deceased was not married and was working with a salary of Shs.480/- per month. He was therefore being unmarried in a better position to help his parents than if he was married.
Under the Law Reform Act I shall award a sum of Shs.100,000/- Under the Fatal Accidents Act, I will take a multiplier of 22. The deceased was 33 years at the time of his death.
Judgment
There will therefore be judgment for the plaintiff as follows:
(a) For loss of life = Shs.100,000/-
(b) For loss of Dependancy
1480 x 22 x12 x 2/3 = Kshs.260,000/-
Total = Kshs.360,480/-
The plaintiff shall have the costs and interest.
Delivered and dated this 26th day of July, 2000.
KASANGA MULWA
JUDGE