Jang Xi Youse Construction Group Company Limited & another v Ahmed & another (Suing in their own behalf and their Capacity as Administrators of the Estate of the Late Omar Kulala Swaleh) (Civil Appeal 234 of 2021) [2023] KEHC 1813 (KLR) (10 March 2023) (Judgment)

Facts

The Appellants, Jang Xi Youse Construction Group Company Limited and Ismail Kiponda, were sued by the Respondents, Swalehe Kulala Ahmed and Kulala Swalehe Ngovi, in Kwale Civil Suit No. 191 of 2019. The suit was for damages for lost years due to an accident on 7th January, 2019.

Issues

1. Whether the principal magistrate erred in law and fact in holding that the defendants/appellants were 100% to blame for the accident
2. Whether the principal magistrate erred in failing to give adequate reasons for holding the defendants/appellants wholly to blame for the accident
3. Whether the principal magistrate erred in awarding Kshs. 1,500,000/= as damages for lost years without proving dependency
4. Whether the principal magistrate erred in adopting a global sum of Kshs. 1,500,000/= as damages for lost years which was inordinately high

Reasoning

The court found that the principal magistrate did not err in law or fact in holding the defendants/appellants 100% responsible for the accident. The court also found that the principal magistrate provided adequate reasons for his decision. The court also found that the amount awarded was not inordinately high.

Outcome

Appeal dismissed