[2000] KEHC 169 (KLR)
The court found the defendants liable by default due to their failure to enter appearance or file a defence. The court accepted the plaintiffs' evidence regarding the deceased's age, occupation, earnings, and number of dependants. Applying the multiplier method, the court adopted a multiplier of 10 years and a...
Source-derived case information.
- Citation
- [2000] KEHC 169 (KLR)
- Parties
- Plaintiff: Pauline Achieng’ Anyango & Another; Defendant: John Mbogo Njagi & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2921of 19 of 1997
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- JK Mulwa
- Legal Topics
- Fatal Accidents, Negligence, Damages Assessment, Dependency Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Achieng’ Anyango & Another
Plaintiff
John Mbogo Njagi & Another
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendants are liable for the fatal road accident involving the deceased.
- 2 What quantum of damages is payable to the plaintiffs as personal representatives of the deceased.
Ratio Decidendi
The court found the defendants liable by default due to their failure to enter appearance or file a defence. The court accepted the plaintiffs' evidence regarding the deceased's age, occupation, earnings, and number of dependants. Applying the multiplier method, the court adopted a multiplier of 10 years and a dependency ratio of 2/3, resulting in an award for loss of dependency. Additional awards were made for loss of expectation of life, pain and suffering, and special damages. The total award was Shs.511,800, with costs and interest to the plaintiffs.
Court Disposition
Judgment for the plaintiff.
Orders
- Plaintiffs awarded Shs.390,000 for loss of dependency.
- Plaintiffs awarded Shs.10,000 for pain and suffering.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 2921OF 1997 PAULINE ACHIENG’ ANYANGO & ANOTHER………………..PLAINTIFF -VERSUS- JOHN MBOGO NJAGI & ANOTHER……………………………..DEFENDANT
JUDGEMENT
LIABILITY:
The Plaintiffs have sued the Defendants in their capacities as the Personal Representatives of the Estate of Maurice Onyango Pande. They are asking for damages following a road accident on 6. 8.95 when the 2nd defendant drove the vehicle registration number KAA 267 so negligently that it fatally knocked the deceased. The defendants having failed to enter appearance and file defence, inter-locutory judgment was entered on 26. 1.99.
QUANTUM
To prove damages payable the 1st Plaintiff gave evidence that the deceased was earning Shs.4,885 p.m. He was a tailor and he was aged 54 years old at the time of death. He left 6 dependants.
Taking into consideration that the deceased was a tailor and he could have worked until the age of 65 years, I would adopt a multiplier of 10 years. I would adopt the 2/3 ratio as representing the support he gave to his family so that for dependancy, it would translate into 10 x 12 x 4885 x 2/3 = Shs.390,000/-. For loss of expectation of life, I award the sum of Shs.90,000/- and for pain and suffering I award the sum of Shs.10,000/- In arriving at these figures, I had taken into consideration the figures awarded in the cases cited during the hearing in support and against the claim.
There will be judgment for the plaintiff as follows:
(1) For loss of dependance Shs.390,000
(2) For Pain and suffering Shs. 10,000
(3) For Loss of expectation of life Shs. 90,000
(4) For special damages Shs. 21,800
Total Shs. 511,800
The Plaintiff shall have the cost of the suit and interest.
Dated and delivered this 2nd day of October, 2000.
KASANGA MULWA
JUDGE