PAULINE ACHIENG’ ANYANGO & ANOTHER vs JOHN MBOGO NJAGI & ANOTHER [2000] KEHC 169 (KLR)
- Court
- High Court of Kenya
- Case number
- 169
- Citation
- [2000] KEHC 169 (KLR)
- Decided
- 2 October 2000
The court awards Shs. 511,800 in total damages to the plaintiffs, including Shs. 390,000 for loss of dependance, Shs. 10,000 for pain and suffering, and Shs. 90,000 for loss of expectation of life.
Facts
A road accident occurred on August 6, 1995, where the deceased, Maurice Onyango Pande, was fatally injured. The 2nd defendant, John Mbogo Njagi, was found negligent in driving the vehicle registration number KAA 267. The deceased was a tailor aged 54 at the time of death, leaving 6 dependants.
Issues
- Determination of damages for the deceased's dependants
- Quantification of damages for loss of dependance, pain and suffering, and loss of expectation of life
Reasoning
The court considered the deceased's earning capacity, age, and the multiplier of 10 years for dependance, and awarded damages based on the multiplier and the 2/3 ratio representing the support given to the family.
Outcome
The plaintiffs are awarded Shs. 511,800 in total damages.
Orders
- Judgment for the plaintiffs as follows: (1) For loss of dependance Shs.390,000; (2) For Pain and suffering Shs. 10,000; (3) For Loss of expectation of life Shs. 90,000; (4) For special damages Shs. 21,800
Remedies
- The plaintiffs shall have the cost of the suit and interest.
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