[2017] KEHC 7840 (KLR)

[2017] KEHC 7840 (KLR)

The court found that the defendant's driver was wholly liable for the accident based on the uncontroverted evidence of the plaintiffs' eyewitnesses, who testified that the defendant's vehicle was being driven at high speed, encroached onto the deceased's lane, and caused the fatal collision. The defendant did not call any witnesses or produce admissible evidence to rebut this account. On quantum, the court adopted a multiplicand of Kshs. 18,000, a dependency ratio of 1/2 (given the plaintiffs' independent income and the 2nd plaintiff's pension), and a multiplier of 25 years, resulting in an award for loss of dependency. The court also awarded damages for pain and suffering, loss of...

Citation
[2017] KEHC 7840 (KLR)
Parties
Plaintiff: N W K; Plaintiff: P B G; Defendant: Fontana Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
16 February 2017
Case Number
Civil Case 509 of 2012
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiffs; defendant found wholly liable.
Judges
LM Njuguna
Legal Topics
Road Traffic Accidents, Negligence, Fatal Accidents, Damages Assessment
Source Language
English
Tort Law Civil Procedure Road Traffic Accidents Negligence Fatal Accidents Damages Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

N W K

Plaintiff

P B G

Plaintiff

Fontana Limited

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the defendant was liable for the road traffic accident that resulted in the death of S N K.
  2. 2 Whether the plaintiffs are entitled to damages under the Fatal Accidents Act and Law Reform Act, and if so, the quantum of such damages.

Ratio Decidendi

The court found that the defendant's driver was wholly liable for the accident based on the uncontroverted evidence of the plaintiffs' eyewitnesses, who testified that the defendant's vehicle was being driven at high speed, encroached onto the deceased's lane, and caused the fatal collision. The defendant did not call any witnesses or produce admissible evidence to rebut this account. On quantum, the court adopted a multiplicand of Kshs. 18,000, a dependency ratio of 1/2 (given the plaintiffs' independent income and the 2nd plaintiff's pension), and a multiplier of 25 years, resulting in an award for loss of dependency. The court also awarded damages for pain and suffering, loss of...

Court Disposition

Judgment for the plaintiffs; defendant found wholly liable.

Orders

  • The defendant is found 100% liable for the accident.
  • The plaintiffs are awarded Kshs. 25,000 for pain and suffering.