[2000] KEHC 127 (KLR)
The court found that the plaintiff, as the widow and administrator of the deceased's estate, was entitled to damages for loss of dependency under the Fatal Accidents Act, loss of expectation of life, and special damages for burial expenses. The deceased was earning KES 5,000 per month and supporting his family with...
Source-derived case information.
- Citation
- [2000] KEHC 127 (KLR)
- Parties
- Plaintiff: Mercy Muthoni Maina; Defendant: Tabitha Wangari Mwaura & 3 Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 478 of 1996
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff on quantum of damages, with 10% deduction for contributory negligence.
- Legal Topics
- Fatal Accidents, Damages Quantum, Loss of Dependency, Loss of Expectation of Life, Special Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Muthoni Maina
Plaintiff
Tabitha Wangari Mwaura & 3 Others
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 What is the appropriate quantum of damages payable to the plaintiff under the Fatal Accidents Act and for loss of expectation of life.
- 2 What special damages are recoverable by the plaintiff.
Ratio Decidendi
The court found that the plaintiff, as the widow and administrator of the deceased's estate, was entitled to damages for loss of dependency under the Fatal Accidents Act, loss of expectation of life, and special damages for burial expenses. The deceased was earning KES 5,000 per month and supporting his family with KES 4,000 per month. The court calculated the total damages as follows: KES 725,616 under the Fatal Accidents Act, KES 100,000 for loss of expectation of life, and KES 20,100 as special damages, totaling KES 845,716. After deducting 10% for the plaintiff's contributory negligence (KES 84,571.60), the net award was KES 761,144.40. The court relied on precedent, specifically HCCC...
Court Disposition
Judgment for the plaintiff on quantum of damages, with 10% deduction for contributory negligence.
Orders
- Plaintiff awarded KES 761,144.40 as total damages after deduction for contributory negligence.
- Plaintiff to have costs of the suit and interest.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 478 OF 1996
MERCY MUTHONI MAINA.........…………………………......PLAINTIFF VERSUS TABITHA WANGARI MWAURA & 3 OTHERS…………....DEFENDANTS
JUDGMENT
In this case the parties had argued on the issue of liability as 90% against the 1st and second defendants. The only issue for the court to determine was damages payable. Quantum The plaintiff gave evidence that she was the wife of the deceased and that she had taken letters of administration to administer the estate of her late husband. She said that her late husband was working with Safina Ltd as a supervisor earning Shs.5,000/- p.m. They had 4 children, two who were in school but the other two could not continue with school due to lack of money. Her husband was supporting them with Shs.4,000/- per month. He bought her and the children clothes and provided food as she was not working. He was buried in Muranga and they spent Shs.20,000/- on burial. The deceased was aged 35 at the time of his death. For damages I award :
(1) Under the Fatal accidents the sum of Shs.725,616/-
(2) For loss of Expectation of life Shs.100,000/-
(3) For special damages Shs. 20,100/-
Sub total Shs.845,716/-
Less 10% 84,571/60
Total Shs.761,144/40
In arriving at these figures, I have taken into account cases which were cited in support of the suit. In particular I considered the case HCCC No. 2571 of 1993.
The Plaintiff shall have the cost of this suit together with interest.
Delivered and dated at Nairobi this 14th day of July, 2000.
JUDGE