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MMG v Muchemi Teresa [2015] KEHC 7281 (KLR)

[2015] KEHC 7281 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7281
Citation
[2015] KEHC 7281 (KLR)
Decided
8 May 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeNegligencePostureAppeal from the original trial outcomeCoramH.P. G Waweru
Holding

The Plaintiff is awarded KShs 3,975,010/00 in total damages, including KShs 20,000/00 for pain and suffering, KShs 150,000/00 for loss of expectation of life, KShs 3,600,000/00 for lost years/loss of dependency, and KShs 635,010/00 for special damages.

Facts

The Deceased, a 12-year-old student, was knocked down by a motor vehicle registration number KAD 047P on Mbagathi Way in Nairobi on 12/03/2012. He suffered severe injuries and died the following day.

Issues

  1. Liability of the Defendant
  2. Quantification of damages

Reasoning

The court found the Defendant liable for the accident and awarded damages based on the Plaintiff's loss of dependency and pain and suffering.

Outcome

Judgment for the Plaintiff

Orders

  • Judgment for the Plaintiff against the Defendant
  • Interest on general and special damages
  • Costs of the suit

Remedies

  • Damages for pain and suffering
  • Damages for loss of expectation of life
  • Damages for lost years/loss of dependency
  • Damages for special damages

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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