Dismus Omolo Odongo & another v Interior Inspirations Ltd & 2 others [2017] KEHC 3543 (KLR)
- Court
- High Court of Kenya
- Case number
- 3543
- Citation
- [2017] KEHC 3543 (KLR)
- Decided
- 21 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the learned trial MagistrateCoramAsike- Makhandia J (as he then was), Gikonyo J, Kneller
Holding
The appeal is allowed to the extent that the dismissal of the appellants' claim under the Fatal Accidents Act is set aside and substituted with an award of Kshs. 500,000 for loss of dependency.
Facts
The deceased, Jairus Omollo, was a bodaboda rider who died in a road accident caused by the negligence of the 3rd respondent. The appellants, his parents, sued for damages.
Issues
- Whether the learned trial magistrate erred in not awarding damages for loss of dependency
- Whether the learned trial magistrate erred in awarding the sum of Kshs. 280,000/- for general damages
Reasoning
The court found that the learned trial magistrate erred in law by not awarding damages for loss of dependency, as the deceased was a dependent of the appellants. The court awarded a global sum of Kshs. 500,000 for loss of dependency.
Outcome
Appeal allowed
Orders
- Award of Kshs. 500,000 for loss of dependency
- Remainder of the award for general damages remains the same
Remedies
- Appellants shall have costs of the appeal
Authorities cited
Legislation (1)
- Fatal Accidents Act
Cases cited (3)
- D M M (Suing As The Administrator and Legal Representative of the Estate of L K M v Stephen Johana Njue & Another (Supra)
- Gerald Mbale Mwea v Kariko Kihara & another (Supra)
- David Sironga Ole Tukai v Francis Arap Muge & 2 others (Supra)
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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