Domitila Wangui Karugu & another v Dagu Hidris Haide [2020] KEHC 9201 (KLR)
- Court
- High Court of Kenya
- Case number
- 9201
- Citation
- [2020] KEHC 9201 (KLR)
- Decided
- 10 January 2020
Affirm the trial court's finding on liability and set aside the award of Kshs. 400,000.00 as damages under the Fatal Accidents Act, substituting it with judgment for Kshs. 800,000.00. Allow the appellants to recover Kshs. 10,000/- for pain and suffering and Kshs. 100,000/- for loss of expectation of life.
Facts
The deceased, a pedestrian, was hit by a motor vehicle driven by the respondent on April 3, 2016, at Ndarugo area on the Nairobi-Thika Highway.
Issues
- liability of the respondent's driver
- quantum of damages
Reasoning
The court affirmed the trial court's finding on liability but reduced the damages awarded under the Fatal Accidents Act and increased the award under the Law Reform Act.
Outcome
Affirm the trial court's finding on liability and set aside the award of Kshs. 400,000.00 as damages under the Fatal Accidents Act, substituting it with judgment for Kshs. 800,000.00.
Orders
- Judgment for the appellants against the respondent for Kshs. 499,575.00
Remedies
- Allow the appellants to recover Kshs. 10,000/- for pain and suffering and Kshs. 100,000/- for loss of expectation of life.
- Allow the appellants to recover Kshs. 89,150.00 for special damages.
- Allow the appellants to recover half the costs of the appeal and costs in the subordinate court.
- Interest on the damages shall run from the date of judgment before the trial court.
Authorities cited
Legislation (2)
- Law Reform Act (Chapter 26 of the Laws of Kenya)
- Fatal Accidents Act
Cases cited (2)
- Selle v Associated Motor Boat Company Ltd [1968] E.A. 123, 126
- Hellen Waruguru Waweru (suing as the legal representative of Peter Waweru Mwenja (Deceased) v Kiarie Shoe Stores Limited NYR CA Civil Appeal No. 22 of 2014 [2015] eKLR
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