PN Mashru Limited v GWF (Suing as administrator in the Estate of Elias Wanjala (Deceased) (Civil Appeal 19 of 2016) [2023] KECA 83 (KLR) (3 February 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 83
- Citation
- [2023] KECA 83 (KLR)
- Decided
- 3 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureSecond appeal from a judgment of the High Court of Kenya at BungomaCoramW. KARANJA, S. ole KANTAI, MUMBI NGUGI
Holding
We set aside the award of loss of dependency at Ksh.1,715,960 and award it at Ksh.857,980.
Facts
A road traffic accident occurred on 28th March, 2008, resulting in the death of Elias Wanjala. The deceased's family filed a suit against the owner of the motor vehicle, PN Mashru Limited, which was settled by a Magistrate's Court. The respondent, GWF (suing as Administrator of the estate of the deceased), appealed the award of damages.
Issues
- Whether the Judge on appeal was right to disturb the global award made by the Magistrate in respect of dependency under the Fatal Accidents Act.
- Whether the Judge on appeal erred in law by not taking into account the deceased's living expenses in calculating the speculative dependency.
Reasoning
The court recognized that damages for dependency are a proper claim for deceased minors, with the age of the minor being a relevant consideration. The Judge should not have applied a multiplicand of 2/3; it was 1/3.
Outcome
The appeal is partially allowed.
Orders
- The award of loss of dependency is set aside and reduced to Ksh.857,980.
- The awards in respect to pain and suffering, loss of expectation of life, and special damages remain the same.
Remedies
- Each party to meet their costs of the appeal.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Law Reform Act
- Fatal Accidents Act
Cases cited (3)
- Peter Kanyango v David Mukii Mereka
- Sheikh Mustaq Hassan v Hassan Mwangi Kamau Transporters
- Kenya Breweries Limited v Saro
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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