John Macharia Mwangi v Josephat Muriungi Muguongo & another (Suing as the legal representatives of the estate of Christine Nkirote Muriungi (Deceased) [2020] KEHC 5673 (KLR)
- Court
- High Court of Kenya
- Case number
- 5673
- Citation
- [2020] KEHC 5673 (KLR)
- Decided
- 28 May 2020
The learned magistrate's judgment is set aside, and a global award of Kshs. 1,000,000/= is substituted for the award of Kshs. 1,168,800/= for loss of dependency.
Facts
The deceased, Christine Nkirote Muriungi, died in a road traffic accident on 30 September 2012. The appellant, John Macharia Mwangi, was alleged to have been driving a motor vehicle that hit the deceased, resulting in her death. The respondents, Josephat Muriungi Muguongo and Peter Munene Muriungi, sued the appellant for damages under the Law Reform Act and the Fatal Accidents Act.
Issues
- Appellant's liability for the accident
- Quantum of damages awarded by the learned magistrate
Reasoning
The court found the learned magistrate's award of Kshs. 1,168,800/= for loss of dependency to be excessive and substituted a global award of Kshs. 1,000,000/=. The court also held the appellant liable for the accident.
Outcome
Appeal successful
Orders
- The learned magistrate's judgment is set aside
- A global award of Kshs. 1,000,000/= is substituted for the award of Kshs. 1,168,800/= for loss of dependency
Remedies
- Costs of appeal to be borne by the appellant
- Respondents to bear their costs in the lower court as ordered by the learned magistrate
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
Cases cited (3)
- Mwanzia v Ngalali Mutua and Kenya Bus Services (Msa) Ltd & Another
- Albert Odawa v Gichimu Gichenji
- Mary Khayesi Awalo & Another v Mwilu Malungu & Another
Loading judgment…