Rose Wangui Machua & another v Japhet Mbiuki [2016] KEHC 5396 (KLR)
- Court
- High Court of Kenya
- Case number
- 5396
- Citation
- [2016] KEHC 5396 (KLR)
- Decided
- 21 April 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trialCoramA. MBOGHOLI MSAGHA
Holding
The court awards Kshs. 3,296,000 in general damages and Kshs. 72,950 in special damages to the plaintiffs.
Facts
The plaintiffs, Rose Wangui Machua and Lincoln Machua Njoroge, are the legal administrators of the estate of Absolom Mwangi Machua, who died in a road traffic accident on June 3, 2007. The defendant, Japhet Mbiuki, was the owner of the vehicle involved in the accident.
Issues
- Determination of damages for the death of the deceased
- Application of tax and other deductions to the deceased's earnings
Reasoning
The court awards Kshs. 10,000 for pain and suffering, Kshs. 150,000 for loss of expectation of life, and Kshs. 3,276,000 for lost years. The special damages amount to Kshs. 72,950.
Outcome
Judgment for the plaintiffs in the sum of Kshs. 3,296,000 in general damages and Kshs. 72,950 in special damages.
Orders
- Judgment for the plaintiffs in the sum of Kshs. 3,296,000 in general damages and Kshs. 72,950 in special damages.
- Costs of the suit awarded to the plaintiffs.
Authorities cited
Cases cited (1)
- NAKURU HCCC NO. 339 OF 1998 BETTY NGATIA (ADMINISTRATOR OF THE ESTATE OF GLADYS WAITHERA NGATIA) VS. SAMUEL KINUTHIA THUITA
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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