EPHANTUS NJAGI P. KAMAITHA v KENBLEST LIMITED [2007] KEHC 458 (KLR)
- Court
- High Court of Kenya
- Case number
- 458
- Citation
- [2007] KEHC 458 (KLR)
- Decided
- 31 May 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a judgment on liability and quantum of damagesCoramJ. N. Khaminwa, Hon. Osiemo J.
Holding
The court awards the plaintiff Shs.1,618,000 in total damages, after deducting 15% for the plaintiff's liability.
Facts
The plaintiff, Ephantus Njagi Kamathai, is the personal representative of the deceased, Remson Gitonga Njagi, who died in a traffic accident on 30/6/2003. The defendant, Kenblest Limited, was the owner of vehicle KAJ 297. The plaintiff claims damages for pain and suffering, loss of expectation of life, dependency, and special damages.
Issues
- Quantum of damages for pain and suffering
- Quantum of damages for loss of expectation of life
- Quantum of damages for dependency
- Quantum of damages for special damages
Reasoning
The court reduces the proposed dependency value to Shs.9,000 per month and applies a multiplier of 15 years. The court allows funeral expenses and special damages.
Outcome
The plaintiff is awarded Shs.1,618,000 in total damages.
Orders
- Judgment in favor of the plaintiff in the sum of Shs.1,628,025
- Interest at court rates
- Costs of the suit awarded to the plaintiff
Remedies
- Damages awarded to the plaintiff
Authorities cited
Legislation (2)
- Law Reform Act Cap 26
- Fatal Accidents Act
Cases cited (3)
- Dolberly vs Goodwin
- Harvey McGregor on Damages
- Daunty vs Haji & another
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.
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