Joseph Kimani Mwega v Selina F. Okune [1996] KECA 71 (KLR)
- Court
- Court of Appeal
- Case number
- 71
- Citation
- [1996] KECA 71 (KLR)
- Decided
- 24 September 1996
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and decree of the High Court of Kenya at NakuruCoramJ.E. Gicheru, R.S.C. Omololo, A.A. Lakha
Holding
The appeal is dismissed with costs.
Facts
The deceased, Philemon Muga Okune, was 48 years old at the time of his death. His widow, Selina F. Okune, testified that he sent her between Shs.3000/= and Shs.4000/= per month. There was also evidence that he was living with and educating their five children in Nairobi.
Issues
- The appropriateness of the trial judge's assessment of the deceased's income and the multiplier used for calculating damages.
- The sufficiency of evidence supporting the trial judge's decision on the deceased's income.
Reasoning
The court found no error in the trial judge's assessment of the deceased's income and the multiplier used for calculating damages. The widow's testimony and the evidence of the deceased's income were sufficient to support the trial judge's decision.
Outcome
Appeal dismissed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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