Ondigo Gilbert v Joab Jonah Olunyama [2018] KEHC 7198 (KLR)
- Court
- High Court of Kenya
- Case number
- 7198
- Citation
- [2018] KEHC 7198 (KLR)
- Decided
- 20 April 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Principal Magistrates CourtCoramD.S. MAJANJA
Holding
The appeal is allowed, and the award for loss of dependency under the Fatal Accidents Act is set aside and substituted with an award of Kshs. 1,450,224.00.
Facts
The deceased, Sylvester Erick Orunyama, was a pedestrian who was knocked down by the appellant's vehicle on August 24, 2014, resulting in fatal injuries. The deceased's personal representative claimed damages under the Law Reform Act and the Fatal Accidents Act.
Issues
- The multiplier, multiplicand, and dependency ratio for the award for loss of dependency under the Fatal Accidents Act
- The award for special damages
Reasoning
The court found the trial magistrate's assessment of damages speculative and failed to provide a basis for each award. The court adjusted the dependency ratio and multiplier based on the deceased's working life and the expected period of dependency.
Outcome
The appeal is allowed.
Orders
- The award for loss of dependency under the Fatal Accidents Act is set aside and substituted with an award of Kshs. 1,450,224.00.
- The total award is Kshs. 1,180,825.80.
- The appellant shall have the costs of the appeal assessed at Kshs. 45,000/-.
Remedies
- The appellant is ordered to pay the costs of the appeal.
Authorities cited
Legislation (2)
- Law Reform Act (Chapter 26 of the Laws of Kenya)
- Fatal Accidents Act (Chapter 32 of the Laws of Kenya)
Cases cited (4)
- Bashir Ahmed Butt v Uwais Ahmed Khan [1982-88] KAR 5
- Jacob Ayiga Maruja & Another v Simeone Obayo KSM CA Civil
- Board of Governors of Kangubiri Girls High School & Another v Jane Wanjiku Muriithi & Another NYR CA Civil Appeal No. 35 of 2014 [2014] eKLR
- Hahn v Singh [1985] KLR 716
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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