Albert Kubai Mbogori v Violet Jeptum Rahedi [2017] KECA 682 (KLR)
- Court
- Court of Appeal
- Case number
- 682
- Citation
- [2017] KECA 682 (KLR)
- Decided
- 10 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the High Court of Kenya at Nairobi (Waweru, J.) dated 14th October, 2009CoramW. KARANJA, M. K. KOOME, F. AZANGALALA
Holding
The appeal is dismissed with costs to the respondent. The quantum of damages awarded by the trial judge is upheld.
Facts
The appellant, Albert Kubai Mbogori, was driving home when he encountered a police road block. He stopped his vehicle, and a vehicle in front of him reversed into his car. The occupants accused him of causing the accident, leading to an argument and assault. The appellant was shot by one of the attackers, and the deceased, Violet Jeptum Rahedi, died from the gunshot wound.
Issues
- Quantum of damages awarded under the Fatal Accidents Act
- Double compensation under the Law Reform Act and the Fatal Accidents Act
Reasoning
The court found that the trial judge did not err in law or fact, and the damages awarded were not inordinately high.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs to the respondent
Authorities cited
Legislation (2)
- Fatal Accidents Act
- Law Reform Act
Cases cited (2)
- Hellen Waruguru Waweru (suing as the legal representative of Peter Waweru Mwenja (Deceased)) -vs- Kiarie Shoe Stores Limited [2015] eKLR
- West (H) & Son Ltd. -vs- Shepherd [1964] AC 326
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.
Loading judgment…