Leonard O. Ekisa & another v Major K. Birgen [2005] KEHC 2214 (KLR)
- Court
- High Court of Kenya
- Case number
- 2214
- Citation
- [2005] KEHC 2214 (KLR)
- Decided
- 6 July 2005
The court awards Kshs.1,800,930 in total damages, with Kshs.450,200 each to the surviving dependants, and orders that the shares of the minor dependants be invested in an interest-earning account until they reach the age of majority.
Facts
The plaintiffs, as personal representatives of the estate of the late William Sebastian Ekisa, filed a suit under the Fatal Accidents Act and the Law Reform Act. The deceased was killed in a road accident on September 30, 2002, and the plaintiffs sought damages for general and special losses.
Issues
- Proof of dependants and dependency
- Quantum of damages
- Liability determination
Reasoning
The court considered the evidence of dependants and dependency, the distance between the place of death and burial, and the rising costs of items and services. It awarded Kshs.50,000 for funeral expenses and Kshs.30,000 each for pain and suffering and loss of expectation of life.
Outcome
The plaintiffs' claim was successful, and they were awarded Kshs.1,800,930 in total damages.
Orders
- To distribute the award among the surviving dependants
- To invest the shares of the minor dependants in an interest-earning account until they reach the age of majority
- To award costs and interest to the plaintiffs
Remedies
- Damages of Kshs.1,800,930
- Investment of shares in an interest-earning account
Authorities cited
Legislation (2)
- Fatal Accidents Act (Cap.32)
- Law Reform Act (Cap.26)
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