[2008] KEHC 3088 (KLR)
The court found the defendant liable for the accident that caused the death of Stanley Ndogo Mwangi based on the defendant's admission and the uncontroverted evidence of the plaintiffs. The court accepted the deceased's age, employment, and salary as proved, and determined the appropriate heads of damages. For loss...
Source-derived case information.
- Citation
- [2008] KEHC 3088 (KLR)
- Parties
- Plaintiff: Tabitha Ngithi Nyaga; Plaintiff: Paul Mwangi Ndogo; Defendant: Tom Van Veen
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 984 of 2005
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiffs against the defendant.
- Judges
- JL Osiemo
- 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
Tabitha Ngithi Nyaga
Plaintiff
Paul Mwangi Ndogo
Plaintiff
Tom Van Veen
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant was liable for the accident that caused the death of Stanley Ndogo Mwangi.
- 2 What is the appropriate quantum of damages payable to the estate and dependants of the deceased.
Ratio Decidendi
The court found the defendant liable for the accident that caused the death of Stanley Ndogo Mwangi based on the defendant's admission and the uncontroverted evidence of the plaintiffs. The court accepted the deceased's age, employment, and salary as proved, and determined the appropriate heads of damages. For loss of dependency, the court adopted a multiplier of 13 years and a monthly salary of KES 18,000, applying a two-thirds dependency ratio, resulting in KES 1,872,000. The court also awarded KES 40,000 for special damages (funeral expenses), KES 15,000 for pain and suffering, and KES 80,000 for loss of expectation of life. The total award to the plaintiffs was KES 2,052,000, with...
Court Disposition
Judgment for the plaintiffs against the defendant.
Orders
- The defendant shall pay the plaintiffs a total sum of KES 2,052,000 as damages.
- The defendant shall pay costs of the suit and interest on the awarded sum.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 984 of 2005
TABITHA NGITHI NYAGA…………………………….........……….1ST PLAINTIFF
PAUL MWANGI NDOGO………………….………….…....……….2ND PLAINTIFF
(Suing as Legal Representatives of the Estate of
STANLEY NDOGO MWANGI – deceased)
VERSUS
TOM VAN VEEN………………………………..…………….……….DEFENDANT
JUDGMENT
The plaintiff is suing in her capacity as a legal representative of the estate of Stanley Mwangi (deceased)
This claim arises out of a road accident which occurred on or about 20th March 29004 at about 4 a.m along Thika-Garissa Road in which the deceased Stanley Ndogo Mwangi was hit by motor vehicle registration No. KAQ 443W a Honda Station Wagon and sustained serious injuries from which he later died. The defendant did not stop after the accident. The body of the deceased was removed from the scene to Thika District Hospital mortuary. The matter was reported to Thika Police Station who issued a police abstract. The defendant was later traced and when the advocate for the plaintiff wrote him a letter dated 22nd June 2005 to admit liability he instructed a lawyer who replied in a letter dated 28th June 2005 in which the defendant admitted to have driven along Garissa -Thika Road on the alleged date and that he was involved in an accident. He also admitted that he did not stop after the accident because his visa had expired hence was afraid that he would land in more troubles with the police. The plaintiff blames the defendant for the accident in her evidence. At the end of the plaintiff’s case the defendant did not call any evidence to contradict the plaintiff’s evidence. After having considered the plaintiff’s evidence and the documentary evidence adduced herein I am satisfied that the plaintiff was to blame for the accident and I so hold. The plaintiff has proved liability against the defendant.
I now move to assess damages. The plaintiff in her evidence told the court that her deceased husband was aged 40 years at the time he met his death. He was employed by SADOLIN PAINTS EA and was earning Sh. 21,000/= per month. From the letter of appointment it is indicated that his retirement age was 55 years old. Therefore he had 15 years to retire. The plaintiff further told the court that when the body of the deceased was released from Thika Hospital Mortuary she transported it to Nakuru for burial. She incurred Sh. 40,000/= funeral expenses. She stated that she is a housewife and she depended wholly on the deceased for her maintenance as well as her two children Wangui who was born on 3rd February 2003 and Jaremiah born on 17th November 2000. Funeral expenses was admitted at shs. 40,000/=
On the issues of pain and suffering Counsel for the plaintiff suggested a figure of Sh. 20,000/= while Counsel for the defendant suggested a figure of Sh. 10,000/= It is not clear from the evidence how long it took before the deceased died after the accident. On loss of expectation of life Counsel for the plaintiff suggested a figure of Sh. 100,000/= while Counsel for the defendant suggested a figure of Sh. 60,000/=. On loss of dependency Counsel for the plaintiff suggested a multiplier of 23 years at a salary of Shs. 21,000/= per month while Counsel for the defendant suggested a multiplier of 12 years at a salary of Shs. 15,000/= per month.
After considering the evidence adduced in court, the submissions as well as the authorities quoted and comparing what was awarded in those authorities and the instant case it is my considered opinion that the following figures would be adequate compensation for the plaintiff.
(a) Under the heading - special damages I award Sh. 40,000/=
(b) Under the hearing – pain and suffering I award Shs. 15,000/=.
(c) Under the heading – loss of expectation of Sh. 80,000/=.
(d) Under the heading – loss of dependency I adopt a multiplier of 13 years at a salary of Sh. 18,000/= per month which will work out as follows 18000 x 13 x 2/3 = 1872000
Accordingly there shall be judgment for the plaintiff and against the defendant for Sh. 2,052,000/= with costs and interest.
Dated and delivered at Nairobi this 15th day of February 2008.
J. L. A. OSIEMO
JUDGE