Mary Wanguii Kimani (Suing as Personal Representative of the Estate of James Kinuthia Kimani-Deceased) v Gilgil Telecommunication Industries Ltd & another [2007] KEHC 1932 (KLR)
- Court
- High Court of Kenya
- Case number
- 1932
- Citation
- [2007] KEHC 1932 (KLR)
- Decided
- 7 June 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPosturePlaintiff seeks damages for the death of the deceased due to negligence.CoramL. KIMARU
Holding
The plaintiff is awarded Ksh.350,000/= in total damages, with 30% contribution from the defendants.
Facts
The deceased was hit by a motor vehicle on September 4, 2003, while crossing Moi Highway in Kericho Township. The plaintiff alleges the 2nd defendant was negligent, while the 2nd defendant denies responsibility and claims the deceased was also negligent.
Issues
- Negligence of the 2nd defendant
- Quantum of damages
Reasoning
The court found the deceased was hit by the 1st defendant's vehicle, and the 2nd defendant was negligent. The multiplier for life expectancy was 20 years, and the dependency ratio was 1/3. The court did not award damages under the Law Reform Act due to a previous court decision.
Outcome
Judgment entered for the plaintiff against the defendants jointly and severally.
Orders
- Liability apportioned at 70:30 in favor of the plaintiff and against the defendants.
- Plaintiff awarded Ksh.30,000/= in special damages and Ksh.320,000/= in general damages under the Fatal Accidents Act.
- Plaintiff awarded Ksh.245,000/= after deducting 30% contribution from the defendants.
- Interest on special damages from filing suit, and on general damages from judgment date.
Remedies
- Award of damages
Authorities cited
Legislation (2)
- Law Reform Act (Cap. 26 Laws of Kenya)
- Fatal Accidents Act (Cap.32 of the Laws of Kenya)
Cases cited (1)
- Kemfro Africa Ltd t/a Meru Express Services vs Lubia & Anor. [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…