Veronica Wanjiku Mwangi (suing as the administrators of the Estate of the late Samuel Mwangi Nderu v Douglas Mwaura Nganga [2017] KEHC 5045 (KLR)
- Court
- High Court of Kenya
- Case number
- 5045
- Citation
- [2017] KEHC 5045 (KLR)
The court awards the plaintiff Kshs. 2,966,352/= in total damages, including pain and suffering, loss of expectation of life, loss of dependency, and special damages.
Facts
The deceased, Samuel Mwangi Nderu, died in a road traffic accident on December 9, 2009. The plaintiff, Veronica Wanjiku Mwangi, is the legal administrator of his estate. The accident was caused by the defendant, Douglas Mwaura Nganga, who was driving a vehicle that collided with the deceased's vehicle.
Issues
- liability of the defendant
- quantum of damages
Reasoning
The court found the defendant 80% liable and the deceased 20% contributively negligent. The plaintiff proved special damages of Kshs. 467,940/=. The court awarded Kshs. 40,000/= for pain and suffering, Kshs. 100,000/= for loss of expectation of life, and Kshs. 3,200,000/= for loss of dependency. The total damages were reduced by 20%.
Outcome
Judgment for the plaintiff in the total sum of Kshs. 2,966,352/= plus costs and interest.
Orders
- Distribution of the award to the plaintiff and the two minor children
Remedies
- Damages
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accident Act
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