[2019] KEHC 7789 (KLR)

[2019] KEHC 7789 (KLR)

The High Court found that the trial court was correct in holding the appellant vicariously liable for the accident, as the evidence established that the appellant's driver negligently caused the accident and the appellant failed to rebut this evidence or call any witnesses. However, the trial court erred in adopting...

Source-derived case information.

Citation
[2019] KEHC 7789 (KLR)
Parties
Appellant: H. Young & Co. E.A Limited; Respondent: Lawrence Ayako Orero (legal representative of the estate of Dominic Cornel Moemi, deceased); Respondent: Dennis Mugendi Stanley
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Civil Appeal 46 of 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partially allowed. Award of damages varied. Each party to bear its own costs.
Legal Topics
Fatal Accidents Act, Vicarious Liability, Assessment of Damages, Dependency Ratio, Quantum of Damages
Source Language
en
Tort Law Civil Procedure Fatal Accidents Act Vicarious Liability Assessment of Damages Dependency Ratio Quantum of Damages

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Summary, issues, holding and outcome

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Parties

H. Young & Co. E.A Limited

Appellant

Lawrence Ayako Orero (legal representative of the estate of Dominic Cornel Moemi, deceased)

Respondent

Dennis Mugendi Stanley

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in finding the appellant 100% liable for the accident.
  2. 2 Whether the award of Kshs. 1,200,000 as general damages for loss of dependency was justified.
  3. 3 Whether the dependency ratio of 2/3 was appropriate given the evidence of dependants.

Ratio Decidendi

The High Court found that the trial court was correct in holding the appellant vicariously liable for the accident, as the evidence established that the appellant's driver negligently caused the accident and the appellant failed to rebut this evidence or call any witnesses. However, the trial court erred in adopting a dependency ratio of 2/3, as the evidence showed only one dependant (the deceased's father), making a ratio of 1/3 appropriate. The court upheld the multiplicand of Kshs. 5,000 and a multiplier of 30 years, resulting in a revised award for loss of dependency. The total award was adjusted to Kshs. 690,200, with each party bearing its own costs as the appeal was only partially...

Court Disposition

Appeal partially allowed. Award of damages varied. Each party to bear its own costs.

Orders

  • The award made by the trial court is substituted with an award of Kshs. 690,200.
  • Each party shall bear its own costs.