[2000] KEHC 163 (KLR)
The court accepted the plaintiff's evidence that the deceased was employed as a driver earning Ksh.500 per day, despite the lack of documentary proof, and found it reasonable to adopt a multiplicand of Ksh.5,000 per month and a multiplier of 15 years, given the deceased's age and circumstances. The court awarded...
Source-derived case information.
- Citation
- [2000] KEHC 163 (KLR)
- Parties
- Plaintiff: Joseph Kimani Mugaya; Defendant: John Kibagio Njiru; Defendant: Catherine Musimbi Gidali
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 3690 of 1994
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- JK Mulwa
- Legal Topics
- Fatal Accidents, Loss of Dependency, Assessment of Damages, Pain and Suffering
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kimani Mugaya
Plaintiff
John Kibagio Njiru
Defendant
Catherine Musimbi Gidali
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 What is the appropriate quantum of general damages for loss of dependency following the deceased's death in a road accident.
- 2 Whether the plaintiff has proved the deceased's employment and earnings for purposes of calculating damages.
- 3 What amount should be awarded for pain and suffering and special damages.
Ratio Decidendi
The court accepted the plaintiff's evidence that the deceased was employed as a driver earning Ksh.500 per day, despite the lack of documentary proof, and found it reasonable to adopt a multiplicand of Ksh.5,000 per month and a multiplier of 15 years, given the deceased's age and circumstances. The court awarded general damages for loss of dependency based on this calculation, as well as special damages as pleaded and proved, and a conventional sum for pain and suffering since the deceased died on the same day of the accident. The court found that the plaintiff had established his claim on a balance of probabilities and was entitled to judgment as prayed.
Court Disposition
judgment for the plaintiff
Orders
- General damages for loss of dependency awarded at Ksh.900,000.
- Special damages awarded at Ksh.34,873.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 3690 OF 1994
JOSEPH KIMANI MUGAYA………………………………….………PLAINTIFF -VERSUS- JOHN KIBAGIO NJIRU CATHERINE MUSIMBI GIDALI…………………………………..DEFENDANTS
JUDGEMENT
In this case the Plaintiff is suing the defendants as the father of the deceased. Judgment on liability and special damages has been entered so that the only issue to be determined is the General Damages payable. The Plaintiff gave evidence that the deceased was married and had two children. His wife was not working and the family depended on him for maintenance. He was earning 500/- per day. He spend out of his salary the sum of Ksh.10,800/- per month supporting the family. The deceased was aged 31 years old at the time of his death.
I have considered the evidence by the plaintiff and the only witness the widow of the deceased. I have also read the cases cited. The deceased was said to have been working as a driver. Although the defendants challenge this evidence on the grounds that no evidence was given to support that the deceased was so employed. The defendant challenged the salary of the deceased as no payslip was produced.
I have however accepted the evidence of the Plaintiff that the Plaintiff was employed as a driver at the salary of Shs.500/- per day. I will also take into account that the deceased was so employed on part time basis. I will therefore adopt a multiplicant of Shs.5,000/- and a multiplier of 15 years so that General damages for loss of dependence shall be 5,000 x 15 x 12 = 900,000/-
For Pain and suffering I award shs.10,000/- because the deceased died on the same day of the accident.
There will be judgement for the Plaintiff as follows:
1. General damages for loss of dependency 5,000 x 15 x 12 = Shs.900,000
2. Special damages = Shs. 34,873
3. Pain and Suffering = Shs. 10,000 Total = Shs.944,873
The Plaintiff shall be paid the costs and interest.
Dated and delivered at Nairobi this 20th day of September 2000.
KASANGA MULWA
JUDGE