[2014] KEHC 2931 (KLR)
The court held that the appellants failed to provide adequate evidence to prove they were dependants of the deceased as required under the Workmen's Compensation Act. Affidavit evidence and the grant of letters of administration ad litem were insufficient without supporting documentary proof such as birth or...
Source-derived case information.
- Citation
- [2014] KEHC 2931 (KLR)
- Parties
- Appellant: Elizabeth Njeri Nderi; Appellant: Sarah Wangithi Mwangi; Respondent: Highway Carriers Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 11 of 2010
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Judges
- DA Onyancha
- Legal Topics
- Workmen Compensation, Dependant Status, Evidence Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Njeri Nderi
Appellant
Sarah Wangithi Mwangi
Appellant
Highway Carriers Limited
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellants proved they were dependants of the deceased under the Workmen's Compensation Act.
- 2 Whether affidavit evidence and grant of letters of administration ad litem suffice as proof of dependency.
Ratio Decidendi
The court held that the appellants failed to provide adequate evidence to prove they were dependants of the deceased as required under the Workmen's Compensation Act. Affidavit evidence and the grant of letters of administration ad litem were insufficient without supporting documentary proof such as birth or marriage certificates. The trial magistrate's decision to dismiss the claim for lack of evidence was upheld, and the appeal was dismissed with costs.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NUMBER 11 OF 2010
ELIZABETH NJERI NDERI
SARAH WANGITHI MWANGI
SUING AS LEGAL REPRESENTATIVES OF THE
ESTATE OF PETER NDERI KINYUA (DECEASED). ………… APPELLANTS
VERSUS
HIGHWAY CARRIERS LIMITED. …………………..…….. RESPONDENTS
J U D G M E N T
This appeal arises from a ruling made by the lower court under the Workmen’s Compensation Act Cap 236 of the Laws of Kenya (now repealed). The learned Trial Magistrate was to make a ruling as to whether or not the Applicants thereto were the children and wife of the deceased and accordingly dependants of the deceased Peter Nderi Kinyua and would therefore, be entitled to compensation under the above cited law.
In the ruling, the Learned Magistrate found that no adequate evidence had been tendered to enable the court come to the conclusion that the Applicants therein were dependants. He found that no birth certificates of the children/Applicants or any other certificates, were tendered in evidence. On that basis he ruled that there was a lack of evidence for court to conclude that the Applicants were wife and children. The ruling aggrieved the Appellants who filed this appeal.
I have carefully perused and considered the grounds of appeal and the evidence before the lower court. I observe that the Appellants had proceeded by way affidavit evidence. The affidavits of support and other similar affidavits, including supplementary affidavits filed by the Appellants in the lower court deponed that the Applicants were such dependants because they had annexed a Petition of the Grant of Letters of Administration ad litem. In this court’s view, the lower court rightly found that the petition for the grant of letters of Administration was no proof of the matters it alleged. Nor did the Grant of Letters of Administration ad litem prove that the contents of the Petition were true. It was necessary for the Petitioner(s) to prosecute the petition during which proceedings she/they would produce evidence to prove that the Petitioners were either wife and/or children of the deceased. They would need to produce evidence such as birth or marriage certificates. This was not done, leaving the facts deponed in the affidavits to be mere allegations.
In the above circumstances, the conclusions reached by the trial magistrate cannot be easily faulted. The appeal accordingly has no merit. It is dismissed with costs. Orders accordingly.
Dated and delivered at Nairobi this 24th day of September, 2014.
…………………………………………….
D A ONYANCHA
JUDGE