[2004] KEHC 1677 (KLR)
The court found that, despite the absence of documentary evidence of the deceased's income, there was credible testimony that she was engaged in business and farming and was able to pay significant school fees. However, the claimed income of Ksh.100,000 per month was not substantiated. The court exercised its...
Source-derived case information.
- Citation
- [2004] KEHC 1677 (KLR)
- Parties
- Plaintiff: Geoffrey Karanja Muhoro & Another; Defendant: Daniel Muraya Wairagu & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 277 of ??
- Procedural Posture
- Civil Suit / Assessment of Damages After Interlocutory Judgment on Liability
- Outcome
- Judgment for the plaintiff for the sum of Ksh.338,445 with costs and interest.
- Legal Topics
- Fatal Accidents Act, Law Reform Act, Assessment of Damages, Loss of Dependancy, Pain and Suffering, Funeral Expenses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Karanja Muhoro & Another
Plaintiff
Daniel Muraya Wairagu & Another
Defendant
Procedural Posture
Civil Suit / Assessment of Damages After Interlocutory Judgment on Liability
Legal Issues
- 1 What is the appropriate quantum of damages payable to the plaintiff following the interlocutory judgment on liability.
- 2 How should the deceased's income be assessed in the absence of documentary evidence.
- 3 What heads of damages are recoverable under the Fatal Accidents Act and Law Reform Act.
Ratio Decidendi
The court found that, despite the absence of documentary evidence of the deceased's income, there was credible testimony that she was engaged in business and farming and was able to pay significant school fees. However, the claimed income of Ksh.100,000 per month was not substantiated. The court exercised its discretion to assess a reasonable monthly income at Ksh.5,000. Damages were awarded under the heads of loss of expectation of life, pain and suffering, loss of dependency (calculated as 2/3 of Ksh.5,000 per month for four years), and funeral expenses. The total award was Ksh.338,445, with costs and interest to the plaintiff.
Court Disposition
Judgment for the plaintiff for the sum of Ksh.338,445 with costs and interest.
Orders
- Plaintiff awarded Ksh.338,445 as damages.
- Plaintiff to have costs of the suit.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 277 OF 2000 GEOFFREY KARANJA MUHORO & ANOTHER..………………..PLAINTIFF VERSUS DANIEL MURAYA WAIRAGU & ANOTHER………………..DEFENDANT
JUDGEMENT
LIABILITY:
In this case there is an Interlocutory judgement on liability. The court is asked to assess the damages payable. Quantum The deceased died as a result of injuries received in the accident. He died in the M.P. Shah Intensive Care Unit.
The evidence show that the deceased was a business woman running a shop and at the same time doing farming. There were no accounts of the business or the farming were produced as evidence. There was evidence however that she paid school fees for her children who now have stopped going to school for lack of money. PW1 Esther Wairimu said that the deceased used to earn not less than Ksh.100,000/- per month and paid Shs.30,000/- for her brother in the Day Star University. She produced a receipt to confirm that payment.
To be able to pay the school fees the plaintiff must have had some income which was coming from her business. Without any documents however it is not possible to sustain the income of Shs.100,000 claimed by the witness. Doing the best under the circumstances I assess the income as Kshs.5,000/- per month. The claim for damages is made under both the Fatal Accidents Act and Law reform Act.
I have considered the cases which were cited in support of the claim and have considered the awards given as damages. I make the following award: (1) For loss of expectation of life Shs. 100,000/-
(2) For pain and suffering Shs. 5,000/-
(3) For loss of dependancy 2/3 x 50,000 x 12 x 4 Shs 160,000/-
(4) For funeral expenses Shs 73,445/- Total Shs.338,445
There shall be judgement for the plaintiff for the sum of Shs.338,445/- The plaintiff shall have the cost of the suit and interest.
Dated and delivered this 9th day of October, 2000.
KASANGA MULWA JUDGE