STANLEY GATITHI NGWERIINI v PAUL KARANJA GITAU [2008] KEHC 486 (KLR)
- Court
- High Court of Kenya
- Case number
- 486
- Citation
- [2008] KEHC 486 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureSummary JudgmentCoramH. P. G. WAWERU
Holding
The court finds the deceased died as a result of injuries sustained in the accident and that the accident was caused by the sole negligence of the Defendant. The Plaintiff is awarded damages in the sum of KShs 7,772,640/00.
Facts
The deceased, Paul Kinyua Gatithi, died in a road accident on November 14, 2004. He was working as a branch manager at Barclays Bank of Kenya Ltd. The accident was caused by the negligence of the deceased's employer, Paul Karanja Gitau.
Issues
- Liability of the Defendant
- Quantification of Damages
Reasoning
The court determined the deceased's death was caused by the accident and the negligence of the Defendant. Damages were calculated based on the deceased's income and the loss of dependency.
Outcome
Judgment for the Plaintiff
Orders
- Special damages of KShs 23,800/00 awarded
- Damages apportioned among dependants
- Shares of minors to be invested in a reputable bank
Remedies
- Interest on damages from date of judgment
- Costs of the suit and interest thereon
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
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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