Mary Isigi Adaji (Suing for and on behalf of the Estate of the Late Kefa Adaji) v James Motanya Nyabochua [2021] KEHC 4557 (KLR)
- Court
- High Court of Kenya
- Case number
- 4557
- Citation
- [2021] KEHC 4557 (KLR)
- Decided
- 6 August 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the original judgment and decree of Hon. JA Owiti, Senior Principal Magistrate, of 5 th June 2017, in Vihiga PMCCC No. 97 of 2013CoramW. Musyoka
Holding
The appeal is allowed. The judgment of the trial court is set aside and substituted with an award of Kshs. 546,000 for general damages.
Facts
The appellant Mary Isigi Adaji sued the respondent James Motanya Nyabochua for damages arising from a road traffic accident on 25th February 2010, where a motor vehicle hit the deceased Kefa Adaji, causing his death.
Issues
- The award of damages by the trial court was inordinately low.
- The dependency ratio and the multiplier used by the trial court were incorrect.
Reasoning
The court found the trial court's award of Kshs. 110,000 for general damages to be inordinately low and the dependency ratio and multiplier to be incorrect. The court substituted the award with Kshs. 546,000.
Outcome
Appeal allowed
Orders
- The judgment of the trial court is set aside and substituted with an award of Kshs. 546,000 for general damages.
Remedies
- The appellant is awarded Kshs. 546,000 for general damages.
Authorities cited
Cases cited (8)
- Sukari Industries Limited vs. Clyde Machimbo Juma [2016] eKLR
- Chania Shuttle vs. Mary Mumbi [2017] eKLR
- Gordon Ouma Sunda & another vs. Adan Abdikadir Omar & another [2019] eKLR
- Priscilla Mwithimba vs. Simon Kaibunga & another [2018] eKLR
- Attorney General vs. Savinah Francis (suing as the personal representative of the Estate of Peter Musee Muema) & another [2020] eKLR
- Dismas Muhami Wainarua vs. Sopon Kasirimo Maranta (suing as administrator and or personal representative of the estate of Partinini Supon (Deceased)) [2021] eKLR
- Midland Media Limited & another vs. Pauline Naukot Aule (Suing as the Legal Representative of the Estate of the late Esinyon Esokon Ekai) [2020] eKLR
- Hellen Waruguru Waweru (suing as the legal representative of Peter Waweru Mwenja (Deceased)) vs. Kiarie Shoe Stores Limited [2015] eKLR
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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