Wayua James & another v Daniel Kipkirong Tarus & another [2015] KEHC 877 (KLR)
- Court
- High Court of Kenya
- Case number
- 877
- Citation
- [2015] KEHC 877 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a judgment of the High Court of Kenya at NakuruCoramJANET MULWA
Holding
The defendants are held wholly to blame for the accident jointly and severally. The plaintiffs are awarded a sum of Kshs.2,419,776/= damages under the Fatal Accidents Act and a sum of Kshs.71,300/= as special damages.
Facts
The deceased, James Kakuli Munyoki, was a fare-paying passenger in a vehicle Registration No. KAW 579V when it was hit by another vehicle Registration No. KBG 901L ZD 0482, driven by the 2nd Defendant, causing his fatal injuries.
Issues
- liability of the defendants for the accident
- quantum of damages
Reasoning
The court found the defendants liable for the accident and awarded damages based on the evidence presented.
Outcome
Appeal dismissed
Orders
- The defendants are held wholly to blame for the accident jointly and severally.
- The plaintiffs are awarded a sum of Kshs.2,419,776/= damages under the Fatal Accidents Act and a sum of Kshs.71,300/= as special damages.
- The plaintiffs shall have the costs of the suit.
- Interest on special damages shall accrue from the date of filing of the suit at court rates, while interest on general damages shall accrue from the date of this judgment.
Remedies
- Damages awarded under the Fatal Accidents Act and special damages awarded for funeral expenses.
Authorities cited
Legislation (3)
- Law Reform Act Cap 26 Laws of Kenya
- Fatal Accidents Act Cap 32 Laws of Kenya
- Stamp Duty Act Cap 480 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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