[2000] KEHC 78 (KLR)
The court found that the deceased was a passenger in the 1st defendant's bus and died as a result of the accident. The 2nd and 3rd defendants did not contest liability. The court accepted the plaintiff's evidence regarding the deceased's income, age, and family circumstances. Applying the multiplier of 15 years and...
Source-derived case information.
- Citation
- [2000] KEHC 78 (KLR)
- Parties
- Plaintiff: Joyce Wambui Ndungu (Suing as the legal representative of the estate of Lawrence K. Macharia, deceased); Defendant: Tawfiq Bus Services Ltd; Defendant: A.A. Kawiland Transporters Ltd; Defendant: Mohammed Golo Mohamed
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1331 of 1997
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- JK Mulwa
- Legal Topics
- Fatal Accidents, Dependency Claims, Damages Assessment, Loss of Expectation of Life, Pain and Suffering, Special Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joyce Wambui Ndungu (Suing as the legal representative of the estate of Lawrence K. Macharia, deceased)
Plaintiff
Tawfiq Bus Services Ltd
Defendant
A.A. Kawiland Transporters Ltd
Defendant
Mohammed Golo Mohamed
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendants are liable for the death of the deceased in the bus accident.
- 2 What is the appropriate quantum of damages for dependency, loss of expectation of life, pain and suffering, and special damages.
Ratio Decidendi
The court found that the deceased was a passenger in the 1st defendant's bus and died as a result of the accident. The 2nd and 3rd defendants did not contest liability. The court accepted the plaintiff's evidence regarding the deceased's income, age, and family circumstances. Applying the multiplier of 15 years and a dependency ratio of two-thirds, the court awarded KES 1,200,000 for loss of dependency. Additional awards were made for loss of expectation of life (KES 100,000), pain and suffering (KES 10,000), and special damages (KES 15,000), totaling KES 1,310,000. The court also awarded costs and interest to the plaintiff.
Court Disposition
Judgment for the plaintiff.
Orders
- The plaintiff is awarded KES 1,200,000 for loss of dependency.
- The plaintiff is awarded KES 100,000 for loss of expectation of life.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
CIVIL SUIT 1331 OF 1997
JOYCE WAMBUI NDUNGU( Suing as the legal representative of the Eestateof
LAWRENCE K. MACHARIA (deceased).........................………………….PLAINTIFF
-VERSUS-
TAWFIQ BUS SERVICES LTD…………….………..........................1ST DEFENDANT
A.A. KAWILAND TRANSPORTERS LTD….………….............…….2ND DEFENDANT
MOHAMMED GOLO MOHAMED……….………...................……….3RD DEFENDANT
JUDGEMENT
In this case the 2nd and 3rd Defendants have not filed defence. Judgment against the two defendants was therefore entered on 12. 6.2000 before the start of the hearing.
The Plaintiff who is the administratix of her late husbands estate told the court that her late husband was a passenger in the bus KAB 802X which is owned by the 1st defendant. She also told the court that this bus was involved in the accident as a result of which her husband died. The first defendant filed a defence which amounts to a mere denial. The deceased was aged 40 years. He was a lecturer earning Shs.10,000 per month. He left the wife and 3 children all in school. He used to support the family.
The Plaintiff has cited a number of cases in support of each item claimed. I have considered all these cases and I have taken into account the period in between when these cases were decided and when this accident occurred for the purposes of taking into account the inflationary trend.
For the purposes of computing damages for dependency I adopt a multiplier of 15 years and I have taken that the deceased used to spend 2/3 of his salary on his family.
For expectation of life I award a sum of Shs.100,000
For pain and suffering I award a sum of Shs. 10,000
For special damages Shs.15,000
There will therefore be judgment for the plaintiff as follows:
(a) For loss of dependancy = Shs.1,200,000
(b) For Loss of expectation of life = Shs. 100,000
(c) For Pain and Suffering = Shs. 10,000
Total = Shs.1,310,000
The Plaintiff shall be paid the costs of the suit and interest.
Dated and delivered this 28th day of September, 2000.
KASANGA MULWA
JUDGE