[2000] KEHC 287 (KLR)
The court found the defendants liable for the accident based on the plaintiff's unchallenged evidence that the deceased was a fare-paying passenger and the accident was due to the driver's negligence. In assessing damages, the court applied a multiplier of 10 and a monthly income of Shs.5,000/= for loss of...
Source-derived case information.
- Citation
- [2000] KEHC 287 (KLR)
- Parties
- Plaintiff: Jeria M. Nyachama Mochengo; Defendant: Mathew Muchiri Gituto; Defendant: Mbuni Transport Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1991 of 1987
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff against the defendants for Sh.740,150/= with costs and interest.
- Legal Topics
- Fatal Accidents, Loss of Dependency, Damages Assessment, Road Traffic Accidents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeria M. Nyachama Mochengo
Plaintiff
Mathew Muchiri Gituto
Defendant
Mbuni Transport Ltd
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendants are liable for the fatal road accident involving the deceased as a fare-paying passenger.
- 2 What is the appropriate quantum of damages payable to the plaintiff as personal representative of the deceased's estate.
Ratio Decidendi
The court found the defendants liable for the accident based on the plaintiff's unchallenged evidence that the deceased was a fare-paying passenger and the accident was due to the driver's negligence. In assessing damages, the court applied a multiplier of 10 and a monthly income of Shs.5,000/= for loss of dependency, considering the deceased's age, occupation, and evidence presented. The court also awarded damages for loss of expectation of life, pain and suffering, funeral expenses, and special damages for police abstract and death certificate. The total award was Shs.740,150/=, with costs and interest to the plaintiff.
Court Disposition
Judgment for the plaintiff against the defendants for Sh.740,150/= with costs and interest.
Orders
- Defendants to pay the plaintiff Sh.740,150/=
- Defendants to pay costs of the suit to the plaintiff.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
H.C.CIVIL CASE NO.4831OF 1991
JERIA M. NYACHAMA MOCHENGO …………….……… PLAINTIFF
VERSUS
MATHEW MUCHIRI GITUTO ……………………….. 1ST DEFENDANT
MBUNI TRANSPORT LTD …………………………… 2ND DEFENDANT
JUDGMENT
This claim arises out of a road accident, which occurred on 20th October 1987 along Mombasa Road involving a motor vehicle registration number KWN585 in which the deceased ELIKANA MOCHENGO was travelling as a fare-paying passenger.
The Plaintiff brought this suit in her capacity as the personal representative of the estate of the deceased.
The Plaintiff in her evidence told the court that when the deceased died his body was taken to Machakos general Hospital Mortuary. The body was later released to her for burial. She incurred Shs.50,000/=. Funeral expenses. She had to transport the body from Machakos to Kisii.
She also incurred Shs.100/= for police abstract and 50/= for death certificate. She further told the court that the deceased was a businessman in Mombasa and he used to get between 10,000/= to 15,000/= profit every month. He sent her Shs.2000/=every month for her use and the rest he spent in her children who stayed with him. She called one witness ELIJA OMANGA (P.W.2) who was with the deceased in the same bus when the accident took place. He blamed the accident on the driver of the said bus whom he said lost control due to high speed.
The defence had no evidence to offer. The Plaintiff’s remains unchallenged and I am satisfied that the same is proved in respect of liability. I now move to assess the damages. Counsel for the Plaintiff suggested the following figure. For loss of dependency he suggested a multiplier of 20 at a monthly income of Shs.10,000/- Loss of expectation of life Shs.100,000/= Pain and suffering Shs.10,000/= Funeral expenses Shs.50,000/= and death certificate Shs.150/= while counsel for the defendant suggested a multiplier of 8 at a monthly income of Shs.2000/= and submitted that the rest of claim must fail.
Both Counsels cited various authorities to support the suggested figure. I having considered the evidence and the submissions by both counsels I make the following awards. Loss of dependency I suggest a multiplier of 10 at a monthly income of Shs.5000/= This would work out as follows: 5000 x 10 x 12 = 60,000/=
Pain and suffering I award Shs.6,000/=. For funeral expenses the Plaintiff had told the court that she incurred Shs.50,000/=
Although she did not produce receipts, taking into account that when a person dies, funeral expenses must be incurred at his burial and that the body had to be transported all the way from Machakos to Kisii. I award Shs.40,000/= funeral expenses. The figure of Shs.150/= for the police abstract and death certificate is not disputed. The figure can be “brought” forward as follows
Loss of dependency. ……………….. Sh.600,000/=
Loss of expectation of life Sh.100,000/=
Funeral Expenses Sh 40,000/=
Other Specials 150/=
TOTAL SH.740,150/=
Accordingly there shall be Judgment for the Plaintiff and against the
Defendant for Sh.740,150/= with costs and interest
Dated and Delivered at Nairobi this 23rd day of March, 2000
J.L.A OSIEMO
JUDGE