Wilson Saiya v David Winga Odongo (Suing as the legal representative of Helida Awino Odongo - Deceased) [2018] KEHC 2245 (KLR)
- Court
- High Court of Kenya
- Case number
- 2245
- Citation
- [2018] KEHC 2245 (KLR)
The Appellant was found wholly liable for the accident and awarded Kshs. 60,000/= for pain and suffering, Kshs. 100,000/= for loss of expectation of life under the Law Reform Act, Kshs. 800,000/= for loss of dependency under the Fatal Accidents Act, and Kshs. 116,000/= on Special Damages, costs, and interests.
Facts
The deceased, Helida Awino Odongo, died in a road traffic accident on 18/09/2015. The Respondent, David Winga Odongo, filed a civil case against the Appellant, Wilson Saiya, who was the driver of the offending vehicle. The Respondent sought general damages under the Law Reform Act and the Fatal Accidents Act, special damages, costs, and interests.
Issues
- liability for the accident
- quantum of damages
Reasoning
The trial court found the Appellant wholly liable for the accident and awarded damages based on the evidence presented.
Outcome
The appeal was dismissed.
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
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