[2003] KEHC 49 (KLR)
The court found the defendant liable for the death of the deceased, as he failed to enter appearance or file a defence after being duly served. The court accepted the applicant's evidence regarding the deceased's age, occupation, earnings, and dependants. Applying the multiplicand-multiplier method, the court...
Source-derived case information.
- Citation
- [2003] KEHC 49 (KLR)
- Parties
- Applicant: Milicent Teresa Anyango; Respondent: Patrick Juma Gombe
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 13 of ??
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the applicant; damages awarded as specified.
- Legal Topics
- Fatal Accidents, Loss of Dependency, Damages Assessment, Loss of Expectation of Life
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milicent Teresa Anyango
Applicant
Patrick Juma Gombe
Respondent
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant is liable for the death of the deceased in the road traffic accident.
- 2 What is the appropriate quantum of damages for loss of dependency, expectation of life, pain and suffering, funeral expenses, and cost of letters of administration.
Ratio Decidendi
The court found the defendant liable for the death of the deceased, as he failed to enter appearance or file a defence after being duly served. The court accepted the applicant's evidence regarding the deceased's age, occupation, earnings, and dependants. Applying the multiplicand-multiplier method, the court determined a multiplier of 12 years (rather than 14, due to life uncertainties) and used two-thirds of the net salary as the dependency portion. The court also awarded sums for loss of expectation of life, pain and suffering, funeral expenses, and the cost of obtaining letters of administration. The total award was Kshs. 1,269,640, reflecting the court's application of statutory and...
Court Disposition
Judgment for the applicant; damages awarded as specified.
Orders
- The respondent shall pay the applicant a total sum of Kshs. 1,269,640 as damages for loss of dependency, loss of expectation of life, pain and suffering, funeral expenses, and cost of letters of administration.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CIVIL SUIT NO. 13 OF 2000
MILICENT TERESA ANYANGO……………………….APPLICANT
-VERSUS
PATRICKJUMA GOMBE……………………………..RESPONDENT
JUDGEMENT
The plaintiff is the legal representative of her deceased husband, one WILLIAM ODONGO ONG’AYO who passed away in a road traffic accident on 18th February, 2000 caused by motor vehicle registration number KAK 433T, Nissan caravan owned or driven by the defendant. Although the defendant was duly served with the proceedings, he did not enter an appearance nor did he file a defence.
At the date of death, the deceased was 41 years of age. He was a civil servant holding the post of Forester Grade II. He was in receipt of a salary of shs.12,688/=. He was married with 4 children aged between 1 ½ years and 8 years. His aged father was also dependant on him. According to the plaintiff, the deceased died instantly and shs.15,000/- was spent on his funeral expenses and shs.20,000/= letter of administration.
Mr. Otanga, the learned counsel for the plaintiff submitted that as the deceased was only 41 years, he could have worked until 55 years of age. Consequently, he should be allowed a multiplier of 14 years. He also submitted that an award should be made under “loss of expectation of life”, pain and suffering and lost years. A number of cases were relied upon from which the court has had some guidance.
I agree with the learned counsel that the deceased could have worked upto 55 years. However, due to vagaries of life, he could have perhaps died earlier. I would therefore allow a multiplier of 12 years.
According to the payslip, the gross salary carried by the deceased used to be Kshs.12,688/-. After allowing for statutory deductions, I find the net salary used to be Shs.11,715/= of which as a good father, husband and son, he could have spent ²/3 thereof on his extended family. I am also satisfied that he is entitled to loss of expectation of life as submitted by the learned counsel and cost of obtaining letters of administration and funeral expenses. I would therefore make the following awards:-
(a) Loss dependency under the Fatal Accidents Act 2/3 of nett salary namely Shs.11,715 x 12 x12 x12 3
= Shs.1,124,640/=
(b) Loss of expectation of life
Under Law Reform = Shs. 100,000/=
(c) Pain and Suffering = Shs. 10,000/=
(d) Funeral Expenses = Shs. 15,000/=
(e) Cost of Letters of Administration = Shs. 20,000/=
Total = Shs. 1,269,640/=
Orders accordingly.
Dated and signed at Busia this…………..day of…………….2003.
G.P. Mbito
JUDGE