[1986] KEHC 48 (KLR)
The court found that the deceased's parents were the only dependants within the meaning of the Fatal Accidents Act. The evidence established that the deceased contributed Kshs 300 per month to her parents, amounting to Kshs 3,600 per year. Given the advanced age of the dependants, the court applied a multiplier of 3...
Source-derived case information.
- Citation
- [1986] KEHC 48 (KLR)
- Parties
- Plaintiff: Samuel Mutheka Ilia; Defendant: Jimmy Kabete Speke
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2199 of 1985
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- JF Shields
- Legal Topics
- Fatal Accidents, Dependency Claims, Damages Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mutheka Ilia
Plaintiff
Jimmy Kabete Speke
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff and his wife qualify as dependants under the Fatal Accidents Act.
- 2 What is the appropriate amount of damages to be awarded for dependency and under the Law Reform Act.
Ratio Decidendi
The court found that the deceased's parents were the only dependants within the meaning of the Fatal Accidents Act. The evidence established that the deceased contributed Kshs 300 per month to her parents, amounting to Kshs 3,600 per year. Given the advanced age of the dependants, the court applied a multiplier of 3 years to the annual dependency, resulting in an award of Kshs 10,800. The court also awarded Kshs 5,800 for funeral and hospital expenses and a further Kshs 8,000 under the Law Reform Act. The total judgment was for Kshs 21,600 plus costs. The court emphasized the uncertainty of life expectancy for elderly dependants in determining the appropriate multiplier.
Court Disposition
judgment for the plaintiff
Orders
- Judgment for Kshs 21,600 in favour of the plaintiff.
- Costs to be taxed and paid to the plaintiff.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO 2199 OF 1985
SAMUUEL MUTHEKA ILIA ………………………………………………….. PLAINTIFF versus JIMMY KABETE SPEKE ………………. ………………………………. DEFENDANT
JUDGMENT
The deceased at the time of her death was aged 34 years. Her only dependants within the meaning of the Fatal Accidents Act (cap 32) were her parents, her brothers children were not dependants within the meaning of the Act.
Her father the plaintiff (who is described as her widower in the plaint) is said in the plaint to be aged 80, but in the evidence his age is said to be 74. His wife (who is not referred to in the particulars pursuant to statute in the plaint) is said to be the same age. The evidence establishes (in the absence of cross-examination or contradiction from the defendant) that the deceased contributed Kshs 300 per month to her aged parents. I accordingly find that the annual value of the dependency was Kshs 3,600.
Continuation of life after one has attained three score years and ten is very uncertain and precarious. I feel I should find that the plaintiff and his wife might have continued to live for another five or six years during which the deceased would have continued to support them.
Taking into account the far from remote possibility that one or other or both of them may have died much earlier, I apply a multiplier of 3 to the annual dependence and award Kshs 10,800 under the Fatal Accident Act together with funeral expenses and hospital expenses of Kshs 5,800 and I award a further sum of Kshs 8,000 under the Law Reform Act (cap 26) and costs.
There will accordingly be judgment for Kshs 21,600 together with costs to be taxed.
Delivered at Nairobi this 30th day of September 1986.
J F SHIELDS
JUDGE