[2022] KEHC 484 (KLR)
The High Court found that the trial court erred in apportioning 100% liability to the appellant, as evidence showed the deceased was standing in the path of a reversing lorry, indicating contributory negligence. The court apportioned liability at 30% to the deceased and 70% to the appellant. On quantum, the court...
Source-derived case information.
- Citation
- [2022] KEHC 484 (KLR)
- Parties
- Appellant: Maguna Andu Wholesalers (K) Ltd; Respondent: Ruth Nyambura Ndaaro Alias Ruth Nyambura
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 47 of 2019
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- J Wakiaga
- Legal Topics
- Road Traffic Accidents, Apportionment of Liability, Damages Assessment, Fatal Accidents, Loss of Expectation of Life
- 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
Maguna Andu Wholesalers (K) Ltd
Appellant
Ruth Nyambura Ndaaro Alias Ruth Nyambura
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court erred in apportioning liability at 100% against the appellant.
- 2 Whether the quantum of damages awarded by the trial court was justified and supported by evidence.
Ratio Decidendi
The High Court found that the trial court erred in apportioning 100% liability to the appellant, as evidence showed the deceased was standing in the path of a reversing lorry, indicating contributory negligence. The court apportioned liability at 30% to the deceased and 70% to the appellant. On quantum, the court held that the award of Kshs.500,000 for loss of expectation of life was excessive for an 80-year-old deceased, and substituted it with Kshs.300,000, referencing comparable awards and inflation. The court upheld the other heads of damages and recalculated the total award, deducting 30% for contributory negligence. Costs were apportioned: the respondent to get costs in the lower...
Court Disposition
appeal_allowed_in_part
Orders
- Liability apportioned at 30% to the deceased and 70% to the appellant.
- Award for loss of expectation of life reduced from Kshs.500,000 to Kshs.300,000.
Full Case Text
Judgment text and source record
26 paragraphs
Maguna Andu Wholesalers (K) Ltd v Ndaaro (Civil Appeal 47 of 2019) [2022] KEHC 484 (KLR) (11 May 2022) (Judgment)
Neutral citation: [2022] KEHC 484 (KLR)
Republic of Kenya
In the High Court at Murang'a
Civil Appeal 47 of 2019
J Wakiaga, J
May 11, 2022
Between
Maguna Andu Wholesalers (K) Ltd
Appellant
and
Ruth Nyambura Ndaaro Alias Ruth Nyambura
Respondent
Judgment
1. The Appeal is both on liability and quantum.
2. Being the first Appellant Court I have looked at the proceedings before the trial court and noted that whereas the Appellant did not call any evidence, the evidence of PW2 shows that the lorry was reversing while the deceased was standing on its way.
3. I agree with the submissions by the Respondent that she owed a duty of care to herself and fellow road users while on the said road.
4. I would therefore allow the appeal on liability and set aside the holding of 100% and substitute the same with liability at the ration of 30% : 70% in favour of the deceased.
5. I have noted that the deceased was aged 80 years at the time of her death and whereas the trial court currectly used the global figure, the same fell into error by not giving reason as to why she awarded Kshs.500,000/=
6. Whereas this court on Appeal is not supposed to substitute its Judgment with that of the trial court simply because it does not agree with it, I have looked at the comparable authorities where those who died at the same age have been awarded Kshs.200,000/-.
7. Taking into account the rate of inflation I am of the considered view and find that an award of Kshs.300,000/= would have been reasonable.
8. I therefore allow the Appeal on this head and substitute the trial court’s award of Kshs.500,000/= with an award of Kshs.300,000/=.
9. I find no fault with all the other awards since the law only requires the court to take into account an award both under loss of expectation of life and under fatal Accident Act.
10. In the final analysis I allow the Appeal herein and substitute the lower Court judgment with the following:a.Liability 30% : 70% in favour of the Appellantb.Pain and suffering - Kshs.10,000/=c.Loss of expectation of life - Kshs.100,000/=d.Damages under fatal accident Act – Kshs.300,000/=e.Special damages - Kshs.673,691/=Kshs.1,083,961/=Less 30% - Kshs.325,185/=Total - Ksh.758,773/=
11. The Respondent is entitled to cost of the suit at the Lower Court while the Appellant is entitled to cost of this appeal. The sum awarded shall attract interest at court rates.
DATED, SIGNED AND DELIVERED THIS 11TH DAY OF MAY, 2022J. WAKIAGAJUDGE