[2019] KEHC 5088 (KLR)

[2019] KEHC 5088 (KLR)

The appellate court found that the trial court generally applied the correct principles in assessing damages for the estate of the deceased, including the use of the minimum wage, dependency ratio, and the justification for the multiplier. However, the trial court erred in using a multiplier of 30 years instead of...

Source-derived case information.

Citation
[2019] KEHC 5088 (KLR)
Parties
Appellant: Kenya Power Limited; Respondent: Grace Akinyi Ouma Onyango & another (Suing as the Legal Representatives of the Estate of Mark Ouma Onyango, Deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
25 July 2019
Case Number
Civil Appeal 693 of 2016
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with correction of award amount
Judges
A Mbogholi-Msagha
Legal Topics
Negligence, Assessment of Damages, Dependency Ratio, Special Damages, Appeals Standard, Personal Injury
Source Language
english
Tort Law Civil Procedure Negligence Assessment of Damages Dependency Ratio Special Damages Appeals Standard Personal Injury

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Parties

Kenya Power Limited

Appellant

Grace Akinyi Ouma Onyango & another (Suing as the Legal Representatives of the Estate of Mark Ouma Onyango, Deceased)

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in its assessment of damages awarded to the respondents.
  2. 2 Whether the dependency ratio and multiplier applied by the trial court were justified.
  3. 3 Whether special damages were properly proved and admissible.

Ratio Decidendi

The appellate court found that the trial court generally applied the correct principles in assessing damages for the estate of the deceased, including the use of the minimum wage, dependency ratio, and the justification for the multiplier. However, the trial court erred in using a multiplier of 30 years instead of 20 years as justified in its reasoning. The appellate court corrected this calculation, resulting in a revised total award. The court found no reason to disturb the awards for pain and suffering or loss of expectation of life, and held that special damages were proved. The appeal was dismissed except for the correction of the final figure, with each party bearing their own costs.

Court Disposition

appeal dismissed with correction of award amount

Orders

  • The appeal is dismissed except for the correction of the final figure due and payable to the respondents as set out in the judgment.
  • Each party shall bear their own costs of this appeal.