[2017] KEHC 7921 (KLR)

[2017] KEHC 7921 (KLR)

The High Court found that the trial magistrate erred in awarding special damages of Kshs. 40,000 without strict proof, as only Kshs. 8,820 for the post mortem report was proved. The court set aside the special damages award and substituted it with the proved amount. On lost years, the court held that the multiplier...

Source-derived case information.

Citation
[2017] KEHC 7921 (KLR)
Parties
Appellant: Shiv Hauliers Limited; Respondent: Fredrick Makokha Sisala (Suing on behalf of Erick Ouma Oliver Deceased)
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Case Number
Civil Appeal 21 of 2015
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed in part; awards for special damages and lost years varied; costs partially awarded to appellant.
Legal Topics
Fatal Accidents, Assessment of Damages, Special Damages Proof, Lost Years, Contributory Negligence
Source Language
en
Tort Law Civil Procedure Fatal Accidents Assessment of Damages Special Damages Proof Lost Years Contributory Negligence

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Summary, issues, holding and outcome

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Parties

Shiv Hauliers Limited

Appellant

Fredrick Makokha Sisala (Suing on behalf of Erick Ouma Oliver Deceased)

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate erred in the assessment and award of special damages and damages for lost years.
  2. 2 Whether the quantum of damages awarded was inordinately high and unsupported by evidence.
  3. 3 Whether the principles for assessment of damages for minors were properly applied.

Ratio Decidendi

The High Court found that the trial magistrate erred in awarding special damages of Kshs. 40,000 without strict proof, as only Kshs. 8,820 for the post mortem report was proved. The court set aside the special damages award and substituted it with the proved amount. On lost years, the court held that the multiplier approach is inappropriate for a deceased minor with no income, and a global award is more suitable. Considering inflation and the passage of time since the cited authorities, the court substituted the award for lost years from Kshs. 756,000 to Kshs. 500,000. The total award was recalculated, deducting 10% for contributory negligence, resulting in a final sum of Kshs. 637,938....

Court Disposition

Appeal allowed in part; awards for special damages and lost years varied; costs partially awarded to appellant.

Orders

  • Award for special damages set aside and replaced with Kshs. 8,820.
  • Award for lost years set aside and replaced with Kshs. 500,000.