Kenneth M Ngai v Milcah Wangui Mbugua & another [2014] KEHC 1062 (KLR)
- Court
- High Court of Kenya
- Case number
- 1062
- Citation
- [2014] KEHC 1062 (KLR)
- Decided
- 10 December 2014
The court found that the trial magistrate was entitled to recognize and award Shs.25,000/= for purchase of the coffin and hearse, and that the respondent's special damages of Kshs.79,610/= were rightly computed and awarded.
Facts
The appellant (Ngai) appealed against the judgment of Chief Magistrate Wachira in CMCC No. 284 of 2009, where the respondent (Mbugua) was awarded special damages of Kshs.79,610/= for funeral expenses and other related costs.
Issues
- whether the trial magistrate erred in using the multiplicand of 60,000/=
- whether the award under the Law Reform Act ought to have been reduced from the award under Fatal Accidents Act
- whether the special damages of Shs.79,610/= were rightly computed and awarded
Reasoning
The court recognized the deceased's payment of his children's school fees as proof of earning, and awarded Kshs.25,000/= for the purchase of the coffin and hearse. The court also took judicial notice of various burial expenses and awarded Kshs.150,000/= in the absence of receipts.
Outcome
The appeal was dismissed, and the judgment of the trial court was upheld.
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