SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Sanganyi Tea Factory Limited v Norah Nyaboke Atei & another (suing as Legal reps of Felix Bosire (Deceased) [2019] KEHC 714 (KLR)

[2019] KEHC 714 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
714
Citation
[2019] KEHC 714 (KLR)
Decided
19 December 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Nyamira Chief Magistrate's CourtCoramE. N. MAINA
Holding

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

  1. Determination of liability and apportionment of responsibility
  2. 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
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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case