Mauti & another v Momanyi & another (Civil Appeal 208 of 2019) [2025] KECA 996 (KLR) (30 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 996
- Citation
- [2025] KECA 996 (KLR)
- Decided
- 30 May 2025
The appeal is allowed to the effect that the award of Kshs.250,000 and the costs awarded be and is hereby set aside and, in its place, the Court restores the trial court's judgment in favour of the appellant in the sum of Kshs.780,500 with costs.
Facts
The appellants, Bonface Metobwa Mauti and Stella Kemuma Mauti, sued the respondents, Sameta Lodges Ltd and John Philys Momanyi, in their capacity as the administrators of the estate of their son, WNM, who died in an accident involving the respondent's vehicle. The appellants sought compensation for the loss they suffered following his death.
Issues
- The trial court's award of damages for loss of dependency was excessive.
- The trial court's award of damages for loss of dependency was excessive.
- The trial court's award of damages for loss of dependency was excessive.
Reasoning
The learned judge held that the trial court's award of Kshs.800,000 for loss of dependency was excessive and set it aside, awarding Kshs.250,000 instead.
Outcome
Appeal allowed
Orders
- The award of Kshs.250,000 and the costs awarded be and is hereby set aside.
- The Court restores the trial court's judgment in favour of the appellant in the sum of Kshs.780,500 with costs.
Remedies
- Restoration of the trial court's judgment in favour of the appellant in the sum of Kshs.780,500 with costs.
Authorities cited
Cases cited (1)
- Kenya Breweries Ltd vs. Saro [1991] KECA 12 (KLR)
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