Chabhadiya Enterprises Ltd & another v Sarah Alusa Mwachi (Suing as the legal Administrator and Personal Representative of the Estate of late Faiza Musa – (Deceased) [2018] KEHC 3300 (KLR)
- Court
- High Court of Kenya
- Case number
- 3300
- Citation
- [2018] KEHC 3300 (KLR)
- Decided
- 18 October 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the trial courtCoramAli- Aroni, Angawa, Gikonyo, Joel Ngugi, KLR Meoli, Meoli, Nyamweya, Okwengu, Ringera, Sitati, Vs
Holding
The appeal is allowed and the judgment of the trial court is set aside. The award of damages is modified.
Facts
The respondent's daughter died in a road traffic accident involving the appellants' motor vehicle. The trial court assessed damages and entered judgment in favor of the respondent.
Issues
- Whether the trial court erred in law and fact in awarding damages
- Whether the trial court erred in law and fact in applying the wrong principles of law and/or misapprehending the evidence while assessing damages
Reasoning
The court found that the trial court erred in applying the multiplier method for assessing damages for the estate of a minor and instead awarded a lump sum.
Outcome
Appeal allowed
Orders
- Judgment of the trial court set aside
- Award of damages modified to a lump sum of Kshs. 1,000,000
Authorities cited
Legislation (2)
- Fatal Accidents Act (cap 32 Laws of Kenya)
- Law Reform Act (cap 26 Laws of Kenya)
Cases cited (2)
- Joel Ngugi J in Kenya Power & Lighting Company Limited Vs E.K.O & Another
- Nyamweya J in Transpares Kenya Limited & Another Vs S.M.M (Suing as legal representative for and on behalf of the estate of E.M.M (deceased)
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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