[1984] KEHC 58 (KLR)
The court found the defendant wholly responsible for the fatal accident, as he failed to appear or defend the suit. The court accepted the plaintiff's evidence regarding the deceased's expected lifespan and earning capacity, adjusting the calculation to reflect the seasonal nature of the deceased's income. The court...
Source-derived case information.
- Citation
- [1984] KEHC 58 (KLR)
- Parties
- Plaintiff: Fatuma Katila Kyem; Defendant: Peter Joseph Ndungu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 3836 of 1983
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Fatal Accidents, Damages Assessment, Loss of Dependency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fatuma Katila Kyem
Plaintiff
Peter Joseph Ndungu
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant is liable for the fatal accident resulting in the deceased's death.
- 2 What is the appropriate quantum of general and special damages to be awarded to the plaintiff.
Ratio Decidendi
The court found the defendant wholly responsible for the fatal accident, as he failed to appear or defend the suit. The court accepted the plaintiff's evidence regarding the deceased's expected lifespan and earning capacity, adjusting the calculation to reflect the seasonal nature of the deceased's income. The court awarded general damages for loss of dependency based on a 10-year period and the deceased's earnings per season, as well as special damages as pleaded and proved. The total award comprised both heads of damages, with interest and costs to the plaintiff.
Court Disposition
Judgment for the plaintiff.
Orders
- The defendant shall pay the plaintiff general damages of KES 100,000 for loss of dependency.
- The defendant shall pay the plaintiff special damages of KES 4,753.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 3836 OF 1983
FATUMA KATILA KYEM…………………………………………………PLAINTIFF
AND PETER JOSEPH NDUNGU………………………………………………..DEFENDANT
JUDGMENT
In view of the evidence adduced by the plaintiff and giving the deceased a lifespan of 60 years, the plaintiff has lost 10 years of assistance by the deceased due to the fatal accident over which the Defendant was held wholly responsible. According to return of service, the Defendant was served with summons to enter appearance herein on 30th May, 1983 but he neither filed appearance nor defence to this suit. Consequent upon non-appearance, request for judgment for special damages was applied for on 23rd June, 1983 and same entered on 14th July, 1988 for shs.4753.
As to general damages, I am not sure the deceased earned shs.5000 per month from crops harvested since I am aware crop harvesting is seasonal. In light of this I would take it either that plaintiff intended saying that the plaintiff earned shs.5000 per season which season I taken to be ½ yearly. This being so the plaintiff would be awarded shs. 5000 x 10 general damages which works up to shs 100,000. Added to this will be special damages of shs 4,753 making a total of shs 104,753 plus interest and costs.
Delivered by me this 17th day of February, 1984.
D K S AGANYANYA
JUDGE
17/2/1984