CHRISTINE CHAMAIYEK v UNISTER TRANSPORTERS LTD [2007] KEHC 354 (KLR)
- Court
- High Court of Kenya
- Case number
- 354
- Citation
- [2007] KEHC 354 (KLR)
- Decided
- 22 March 2007
Judgment is entered for the plaintiff as against the defendant, with the defendant bearing 80% liability and the plaintiff 20% contributory negligence. The plaintiff is awarded Kshs 763,328 in damages under the Fatal Accidents Act and Kshs 30,000 in funeral expenses, less 20% contribution.
Facts
The deceased, Richard Simiyu Malaba, was a passenger in a Toyota Hiace Matatu when it collided with a Renault Trailer. The plaintiff, Christine Chemayiek Simiyu, is the administrator of the deceased's estate. The plaintiff and defendant entered into a consent agreement apportioning liability at 80:20 in favor of the plaintiff.
Issues
- Quantum of damages to be paid to the deceased's estate
Reasoning
The court considered the deceased's age, employment contract, and applicable law to determine a multiplier of six years for damages. The dependency ratio of two-thirds was adopted.
Outcome
Judgment for the plaintiff
Orders
- Liability apportioned at 80:20 in favor of the plaintiff
- Defendant to pay Kshs 763,328 in damages under the Fatal Accidents Act
- Defendant to pay Kshs 30,000 in funeral expenses
- Plaintiff to pay 20% of funeral expenses
- Plaintiff to have costs of the suit
- Interest on the sum awarded to be paid from the date of the judgment
Remedies
- Damages of Kshs 763,328 under the Fatal Accidents Act
- Funeral expenses of Kshs 30,000
Authorities cited
Legislation (2)
- Fatal Accidents Act
- Law Reform Act
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