[1999] KEHC 100 (KLR)
The court found that the defendant, having failed to enter appearance or file a defence, was wholly liable for the accident that caused the deceased's death. The plaintiff, as personal representative, was entitled to damages under both the Fatal Accidents Act and the Law Reform Act. The court assessed loss of...
Source-derived case information.
- Citation
- [1999] KEHC 100 (KLR)
- Parties
- Plaintiff: Monicah Nduti Mwangangi; Defendant: Christopher Mwaniki Kiragu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2844 of 1998
- Procedural Posture
- Civil Case / Formal Proof After Interlocutory Judgment
- Outcome
- Judgment for the plaintiff; damages awarded as assessed.
- Legal Topics
- Fatal Accidents Act, Law Reform Act, Damages Assessment, Loss of Dependency, Pain and Suffering, Road Traffic Accidents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monicah Nduti Mwangangi
Plaintiff
Christopher Mwaniki Kiragu
Defendant
Procedural Posture
Civil Case / Formal Proof After Interlocutory Judgment
Legal Issues
- 1 Whether the defendant was liable for the death of the deceased as a result of a road traffic accident caused by his negligence.
- 2 What quantum of damages is payable under the Fatal Accidents Act and the Law Reform Act to the estate and dependants of the deceased.
- 3 Whether the plaintiff proved special damages as pleaded.
Ratio Decidendi
The court found that the defendant, having failed to enter appearance or file a defence, was wholly liable for the accident that caused the deceased's death. The plaintiff, as personal representative, was entitled to damages under both the Fatal Accidents Act and the Law Reform Act. The court assessed loss of dependency at Kshs.20,000, loss of expectation of life at Kshs.800,000 (using a net salary of Kshs.10,000 and a multiplier of 18 years for the deceased aged 48), and pain and suffering at Kshs.10,000. Special damages for funeral expenses were only partially proved, with Kshs.20,000 awarded for Lee Funeral Home upon production of a receipt. The total award was Kshs.850,000,...
Court Disposition
Judgment for the plaintiff; damages awarded as assessed.
Orders
- The defendant shall pay the plaintiff a total of Kshs.850,000 as damages.
- Damages apportioned among the dependants as specified in the judgment.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL CASE 2844 OF 98
MONICAH NDUTI MWANGANGI & ANO....................... PLAINTIFFS
VERSUS
CHRISTOPHER MWANIKI KIRAGU ............................. DEFENDANT
JUDGMENT
The defendant being duly served with the “Plaint” and “Summons to Enter Appearance” failed to enter appearance or file his defence. An Interlocutory Judgement was entered against him on the 12. 2.99.
The case came up for formal proof.
The plaintiff who brings this case against the defendant does so on behalf of estate of the deceased as a personal representative.
The deceased died a day later as a result of a road traffic accident caused wholly on the negligence of the defendant.
The plaintiff prayed she be compensated under both the Fatal Accidents Act and the Law Reform.
On Quantum I find that under the Fatal Accidents Act an award of Kshs.20,000/- suffice on the loss of dependency.
On General Damages under the Law Reform Act the loss of expectation of life - the salary of an Engineer Manager net at Ksh.10,000/- taken into account with a multiplier of 18 years (The deceased was aged 48 years at the time of death ) a sum of Kshs.800,000/- is reasonable. The deceased died the following day and is entitled to pain suffering and loss of amenities. I believe 10,000/- suffice.
I note proof of funeral expenses has not been shown or proved as pleaded. I would grant only 20,000/- for the Lee Funeral Home a receipt being presented.
I hereby, as required, to apportion the head under the Fatal Accidents Act to the defendants. Two of the children are now adults. I apportion the same as follows:
Monicah Ndoti Mwangi Wife - Ksh.5,000/-
Joan Kassiu Mwangi daughter - Ksh.5,000/-
Esther Kahi Mwangi daughter - Ksh.5,000/-
John Mutua Mwangi son - Ksh.5,000/-
- Ksh.20,000
In summary
General Damages
1) Pain suffering & Loss of Amenities Ksh .10,000/-
2) Loss of expectation of Life Ksh.800,000/-
3) Loss of dependency Ksh .20,000/-
Special Damages Ksh.20,000
Total Kshs.850,000
I also award costs of this suit and interest at court rate.
Dated this 16th day of April, 1999 at Nairobi.
M.A. ANG’AWA
JUDGE