Mutisya (Suing as the personal representative of the Estate of Simon Wambua Makau (Dcd)) v Macharia t/a Three Bins Services & another (Civil Appeal 327 of 2019) [2023] KECA 234 (KLR) (3 March 2023) (Judgment)

Facts

The appellant's husband, Simon Wambua Makau, died in a fatal injury. The estate of the deceased was paid a sum of Kshs 528,000.00 by the respondent's insurance, UAP, after the suit was filed. The appellant claimed this payment was made to her, but the respondents argued it was made to the deceased's relatives.

Issues

1. Whether the trial court erred in reviewing its judgment and deducting Kshs 528,000.00 from the appellant's judgment sums.
2. Whether the court should deduct the amount awarded under the Law Reform Act from the award made under the Fatal Accidents Act.

Reasoning

The court held that the deduction of Kshs 528,000.00 from the appellant's judgment sums was erroneous as there was no legal requirement for the court to deduct the amount awarded under the Law Reform Act from the award made under the Fatal Accidents Act. The court also ruled that the respondents are not entitled to recover the Kshs 528,000.00 from the deceased's brother, Patrick Makau.

Outcome

The appeal is allowed.

Authorities cited