Fredrick Kimokoti Imbali & 2 others v AKW & another (Suing as Legal administrators of the Estate of the the late AK (Deceased) [2019] KEHC 1838 (KLR)
- Court
- High Court of Kenya
- Case number
- 1838
- Citation
- [2019] KEHC 1838 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from Original KIMILILI SPM Civil Case No. 64 of 2013CoramGikonyo, In Kuloba, Joel Ngugi, Njagi, Nyamweya, Others Vs., Ringera, Sitati
Holding
The trial magistrate apportioned liability at 80:20 in favor of the Respondent and assessed damages based on the deceased's age and potential future earnings.
Facts
The 1st, 2nd and 3rd Appellants were involved in an accident with a vehicle driven by the 1st Appellant. The deceased, AK, was 11 years old and was assisting his grandmother with daily chores and herding cattle. The deceased died from injuries sustained in the accident.
Issues
- Determination of liability and damages in the accident
- Assessment of damages for the deceased's dependants
Reasoning
The court considered the deceased's age, potential future earnings, and the dependants' circumstances to determine the appropriate damages.
Outcome
The appeal was dismissed.
Authorities cited
Legislation (2)
- Fatal Accident Act
- Law Reform Act
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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