[2018] KEHC 2326 (KLR)

[2018] KEHC 2326 (KLR)

The High Court found that the trial magistrate correctly adopted a multiplier of 25 years for the assessment of damages under the Fatal Accidents Act, given the deceased's age and retirement age at the time. The court held that the claim for loss of consortium was subsumed within the general damages awarded and did not warrant a separate award. On the issue of damages under the Law Reform Act, the court clarified that such damages are in addition to those under the Fatal Accidents Act, but double recovery is not permitted; the trial magistrate's approach was consistent with the law. However, the court found that the trial magistrate erred in failing to award funeral expenses, which are...

Citation
[2018] KEHC 2326 (KLR)
Parties
Appellant: Mirriam Jeptoo Saina; Appellant: Barnabas Kimutai Ng’etich; Respondent: Spencer Kipruto Kimeli; Respondent: Philip Kipyegon
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
1 October 2018
Case Number
Civil Appeal 128 of 2008
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed in part.
Legal Topics
Fatal Accidents Act, Law Reform Act, Assessment of Damages, Loss of Dependency, Funeral Expenses, Loss of Consortium
Source Language
English
Tort Law Civil Procedure Fatal Accidents Act Law Reform Act Assessment of Damages Loss of Dependency Funeral Expenses Loss of Consortium

Case Brief

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Parties

Mirriam Jeptoo Saina

Appellant

Barnabas Kimutai Ng’etich

Appellant

Spencer Kipruto Kimeli

Respondent

Philip Kipyegon

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate erred in failing to award damages under the Law Reform Act, funeral expenses, and loss of consortium.
  2. 2 Whether the trial magistrate correctly assessed damages under the Fatal Accidents Act, including the correct multiplier and dependency ratio.
  3. 3 Whether the award of damages under the Law Reform Act would amount to double compensation.

Ratio Decidendi

The High Court found that the trial magistrate correctly adopted a multiplier of 25 years for the assessment of damages under the Fatal Accidents Act, given the deceased's age and retirement age at the time. The court held that the claim for loss of consortium was subsumed within the general damages awarded and did not warrant a separate award. On the issue of damages under the Law Reform Act, the court clarified that such damages are in addition to those under the Fatal Accidents Act, but double recovery is not permitted; the trial magistrate's approach was consistent with the law. However, the court found that the trial magistrate erred in failing to award funeral expenses, which are...

Court Disposition

Appeal allowed in part.

Orders

  • The appeal is allowed only in respect of the award for funeral expenses.
  • A global sum of Kshs. 30,000 is awarded for funeral expenses.