Peter Karanja Gathoga & another v Eustace Mutembei Nyaga & another [2015] KEHC 1397 (KLR)
- Court
- High Court of Kenya
- Case number
- 1397
- Citation
- [2015] KEHC 1397 (KLR)
- Decided
- 14 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from an award of damagesCoramJ. M. Bwongwonga
Holding
The court sets aside the award of Kshs 1,560,780 for loss of earnings under the Fatal Accidents Act and awards Kshs 113,816 under the Law Reform Act.
Facts
The deceased, a 7-year-old girl, died in a fatal road accident on September 12, 2011. The appellants were found liable for 80% of the negligence, and the respondents were found liable for the remaining 20%. The trial court awarded damages totaling Kshs 1,362,440.
Issues
- Quantum of damages
- Liability
Reasoning
The court found that no evidence was presented to show the salary earned by a doctor or a pilot, and the deceased's performance records were not produced.
Outcome
Appeal successful, respondents pay costs of appeal and costs in the trial court.
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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