Payless Car Hire & Tours Ltd & another v Lucy Njeri Njenga [2017] KEHC 1961 (KLR)
- Court
- High Court of Kenya
- Case number
- 1961
- Citation
- [2017] KEHC 1961 (KLR)
- Decided
- 2 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment on quantum in a personal injury caseCoramALI-ARONI
Holding
The appeal is declined. The 2/3 dependancy ratio is found reasonable and the multiplier is upheld, with the award of Kshs.624,510 upheld.
Facts
The deceased, Patrick Njogu Kinyua, was a matatu driver aged 35 years, earning Kshs.15,000 per month. He had a widow and two children. An accident involving his vehicle resulted in his death.
Issues
- Excessive award on quantum
- Application of wrong principles in awarding loss of dependency
- Use of 25-year multiplier without considering life's imponderances
- Failure to consider award under the Fatal Accident Act
- Awarding loss of consortium without due regard to the age and possibility of the respondent
- Non-pleaded and unproved funeral expenses
Reasoning
The court considered the evidence and found the deceased's income to be Kshs.700 per day, ruling that the 2/3 dependancy ratio and the multiplier are reasonable.
Outcome
Appeal dismissed
Orders
- Appeal is declined
- Costs to the Respondent
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.
Loading judgment…