Paleah Stores Limited & another v Nthambi (sued as the legal representative/administrator of the estate of BENSON MUCHANGI NJUE-DCD) (Civil Appeal E048 of 2021) [2022] KEHC 511 (KLR) (28 April 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 511
- Citation
- [2022] KEHC 511 (KLR)
- Decided
- 28 April 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment awarding damages in a road accident caseCoramLM NJUGUNA
Holding
The court reduces the award of damages for loss of dependency from Kshs. 2,500,000 to Kshs. 1,000,000 and reduces the special damages from Kshs. 11,350 to Kshs. 11,350.
Facts
A road accident occurred on November 17, 2017, resulting in the death of Benson Muchangi Njue. The deceased was riding a motorcycle when it was struck by a vehicle owned by the appellants.
Issues
- Quantum of damages for loss of dependency
- Application of global sum in awarding damages
Reasoning
The court found the original award excessive and inordinately high, citing previous cases and principles of law.
Outcome
The appeal is allowed, and the judgment is set aside in part.
Orders
- The respondent is awarded Kshs. 1,000,000 for loss of dependency
- The respondent is awarded Kshs. 11,350 for special damages
- The respondent is awarded Kshs. 20,000 for pain and suffering
- The respondent is awarded Kshs. 2,400 for reasonable funeral expenses
- The respondent is awarded Kshs. 100,000 for loss of expectation of life
- The respondent is awarded Kshs. 20,000 for costs of the suit with interest
Remedies
- The appellants are ordered to meet their own costs of the appeal
Authorities cited
Cases cited (7)
- Gitobu Imanyara & 2 others v Attorney General (2016) eKLR
- Leonard Nyongesa v Derrick Ngula Righa (2013) eKLR
- Stephen Murathi v Brenda Makena (supra)
- Andrews v Grand & Toy Alberta Ltd {1977} 83 DLR
- Bon Ton Ltd v Beatrice Kanaga suing as Administrator of the estate of Richard Olembi Ochenga [2018] eKLR
- Oyugi Judith and Anor v Fredrick Odhiambo & 3 others [2014] eKLR
- Ann Kanja Kithinji (suing as the legal representative of the estate of Patrick Koome (Deceased) & 2 others v Jacob Kirari & another [2018] 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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