Kyoga Hauliers(K) Ltd v Kennedy Simiyu (Suing as legal representative of the estate of Evans Wanjala Lumunyasi) [2021] KEHC 9269 (KLR)

Facts

The deceased, Evans Wanjala Lumunyasi, was an adult driver earning Kshs 30,000 per month. The appellant, Kyoga Hauliers(K) Ltd, was found liable in a ratio of 80:20 against the respondent. The appellant appealed the award of damages for loss of expectation of life and loss of dependency.

Issues

1. whether the trial court erred in awarding quantum on loss of expectation of life and loss of dependency
2. whether the appellate court can interfere with the discretion of the trial court on assessment of quantum and reviewing it

Reasoning

The court found no error in the trial court's assessment of damages. The multiplier approach was deemed appropriate given the facts of the case.

Outcome

Appeal dismissed

Authorities cited