Sanganyi Tea Factory Limited v Norah Nyaboke Atei & another (suing as Legal reps of Felix Bosire (Deceased) [2019] KEHC 714 (KLR)
- Court
- High Court of Kenya
- Case number
- 714
- Citation
- [2019] KEHC 714 (KLR)
- Decided
- 19 December 2019
The court finds no reason to interfere with the trial court's finding of liability and the ratio of contribution. The net sum awarded under the Fatal Accidents Act shall be to the benefit of the deceased's mother only.
Facts
The deceased, Felix Bosire, died in a collision between a lorry and a motor cycle on June 5, 2012. The appellant, Sanganyi Tea Factory Limited, claimed the driver of the lorry was at fault, while the respondents blamed the motor cycle driver.
Issues
- Determination of liability and apportionment of responsibility
- Quantum of damages awarded by the trial court
Reasoning
The court upheld the trial court's finding of liability and the apportionment of responsibility. The court also found the quantum of damages reasonable, with the exception of the award for pain and suffering, which was reduced.
Outcome
Appeal dismissed with costs to the respondents
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
Cases cited (2)
- Kemfro Africa Ltd v A M Lubia & another [1982-88] 1 KAR
- Hassan v Nathan Mwangi Kamau Transporters & 5 others [1986] KLR 457
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