Julius Orita Ayiecha v Consolata Anyango Ondijo & another [2015] KEHC 8522 (KLR)
- Court
- High Court of Kenya
- Case number
- 8522
- Citation
- [2015] KEHC 8522 (KLR)
- Decided
- 29 October 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Principal Magistrates CourtCoramD.S. Majanja
Holding
The appeal is dismissed with costs to the respondents.
Facts
A road traffic accident occurred on 18th October 2013 at Kanu Market, resulting in the death of Eric Okoth Ondijo. The appellant, Julius Orita Ayiecha, was found liable for 70% of the damages, while the respondent, Consolata Anyango Ondijo, was found liable for 20%. The respondents sought compensation under the Law Reform Act and the Fatal Accidents Act.
Issues
- Proving the deceased's dependency
- Proving the deceased's income as a sand harvester
Reasoning
The court found that the deceased was married and had a child, thus proving his dependency. The court also found that the deceased was a sand harvester, earning about Kshs. 800 per day, and thus proving his income.
Outcome
Appeal dismissed
Orders
- Respondents to file an application for consideration before the subordinate court in due course
Authorities cited
Legislation (2)
- Law Reform Act (Chapter 23 of the Laws of Kenya)
- Fatal Accidents Act (Chapter 32 of the Laws of Kenya)
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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