ENOS NJERU KARANJA v KENYA BUS SERVICES LTD [2007] KEHC 1037 (KLR)
- Court
- High Court of Kenya
- Case number
- 1037
- Citation
- [2007] KEHC 1037 (KLR)
- Decided
- 6 March 2007
The court finds the defendant liable for 80% of the plaintiffs claim and the third party for 20%. The court awards nominal damages to the plaintiffs.
Facts
The plaintiff, Enos Njeru Karanja, is the legal representative of the estate of his deceased wife Mary Muringo and two daughters, Stella and Margaret. The accident occurred when the defendant's vehicle, KAH 649 T, was driven by an authorized driver. The accident resulted in the death of the plaintiff's wife and two daughters.
Issues
- liability
- quantum of damages
Reasoning
The court agreed with the parties' agreement on liability and entered judgment accordingly. The court considered the plaintiffs claim for pain and suffering, loss of expectation of life, and loss of dependency, but found that only nominal damages could be awarded due to the instant death of the plaintiffs.
Outcome
Judgment in favor of the plaintiffs, with the defendant found liable for 80% of the claim and the third party for 20%.
Orders
- Judgment entered against the defendant and third party on the basis of 80% defendant 20% Third Party
Remedies
- Nominal damages awarded to the plaintiffs
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