[2000] KEHC 152 (KLR)
The court determined the appropriate award for general damages by applying a multiplier of 25 years to the agreed annual dependency of KES 14,000, resulting in KES 350,000 for lost years. The court further awarded KES 100,000 for loss of expectation of life, KES 5,000 for pain and suffering, and KES 925 for special...
Source-derived case information.
- Citation
- [2000] KEHC 152 (KLR)
- Parties
- Plaintiff: Wandia Kumbi; Defendant: Lochab Transporters Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 583 of 1998
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Fatal Accidents, Dependency, Damages Assessment, Loss of Expectation of Life
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wandia Kumbi
Plaintiff
Lochab Transporters Ltd
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 What is the appropriate quantum of general damages for the death of the deceased in the circumstances of the case.
- 2 What is the proper multiplier and multiplicand to be applied in assessing dependency under the Fatal Accidents Act.
- 3 What sums should be awarded for loss of expectation of life, pain and suffering, and special damages.
Ratio Decidendi
The court determined the appropriate award for general damages by applying a multiplier of 25 years to the agreed annual dependency of KES 14,000, resulting in KES 350,000 for lost years. The court further awarded KES 100,000 for loss of expectation of life, KES 5,000 for pain and suffering, and KES 925 for special damages. The awards were based on the deceased's age, the plaintiff's dependency, and established legal principles for assessment of damages in fatal accident claims. The court found the plaintiff entitled to the total sum of KES 455,925, plus costs and interest.
Court Disposition
Judgment for the plaintiff.
Orders
- The plaintiff is awarded KES 350,000 for general damages (loss of dependency).
- The plaintiff is awarded KES 100,000 for loss of expectation of life.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 583 OF 1998
WANDIA KUMBI………………………………………………………..PLAINTIFF -VERSUS- LOCHAB TRANSPORTERS LTD………….…………………………..DEFENDANT
JUDGEMENT
The Plaintiff sued as administratix of the estate of the deceased. She gave evidence. There was agreement on most of the issues except on the General Damages. The Plaintiff being the mother of the deceased. He was not married at the time of his death. In order to arrive at a suitable award, I have taken into account the evidence about the deceased.
The Plaintiff who is the dependant was about 67 years old at the time of the accident. The parties have agreed through the consent order that dependency be 1/3 (one third) of Shs.3,500/- which would give Shs.1,166. 70 per month that is Shs.14,000/- annually. Taking the age of the deceased I would take 25 years as the multiplier so that for the lost years I would award the sum of Shs.350,000/-.
For loss of expectation of life I award the sum of Shs.100,000/-.
There will be judgement for the Plaintiff as follows:
(1) For General Damages Shs.350,000/-
(2) For loss of Expectation of Life Shs.100,000/-
(3) For Pain and suffering Shs. 5,000/-
(4) For Special damages Shs. 925/-
Total Shs. 455,925
The Plaintiff shall have the cost for the suit and interest.
Dated and delivered this 29th day of September, 2000.
KASANGA MULWA
JUDGE