Zipporah Wanjiru Kamau v James G Wathigo & another [2005] KEHC 1467 (KLR)
- Court
- High Court of Kenya
- Case number
- 1467
- Citation
- [2005] KEHC 1467 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramL. KIMARU
Holding
Liability is apportioned at the ratio of 80:20 in favor of the plaintiff and as against the defendant. The plaintiff is awarded Kshs 409,040 in total damages.
Facts
The plaintiff, Zipporah Wanjiru Kamau, filed a suit on behalf of the estate of Ruel Kamau Gikonyo, deceased, against the defendants James G. Wathigo and John Njimba Wathigo, seeking damages for the death of the deceased resulting from a road traffic accident.
Issues
- liability of the defendants
- quantum of damages
Reasoning
The court considered the deceased's last salary and applied a multiplier of ten years. The dependency ratio was agreed upon as 2/3.
Outcome
Judgment entered for the plaintiff as against the defendants jointly and severally.
Orders
- liability apportioned at 80:20
- total award of Kshs 409,040
Remedies
- damages awarded
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
Cases cited (1)
- Kemfro Africa Ltd t/a 'Meru Express Services (1976) & Anor – vs- Lubia & Anor (No 2) [1987] KLR 30
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…