Automated Summary
Key Facts
Joe Owaka Ager, as administrator of his deceased wife Mary Sleccor Ager's estate, sued defendants John Otieno Awinje (driver), Rolex Dan Omondi, and Kodienny Syprian following a fatal road accident on 8th October 2012. The second defendant was driving their Toyota Saloon (KBQ 303L) on the wrong side at a bend in Kolenyo area, causing a collision with another vehicle (KBD 144U). Mary sustained severe injuries including intestinal transection, internal bleeding, chest trauma, right humerus fracture, and traumatic paraplegia, later dying in ICU. The driver was convicted of dangerous driving causing death and fined Kshs. 20,000 (or 18 months imprisonment in default). The court awarded Kshs. 8,902,789.90 in total damages, including Kshs. 2,000,000 for loss of dependency, Kshs. 150,000 for loss of life expectancy, Kshs. 300,000 for pain/suffering, and Kshs. 6,452,789.90 in special damages (medical, transport, funeral costs). The judgment was delivered on 1st March 2017.
Issues
- The court emphasized that special damages must be properly pleaded and proved, referencing the case Coast Bus Service Ltd v Murunga Danyi. The plaintiff provided documentation to substantiate expenses incurred for treatment, transport, and funeral costs.
- The court considered the principle that damages awarded under the Fatal Accidents Act and Law Reform Act should not result in double compensation if the beneficiaries are the same, as referenced in the case Hellen Waruguru Waweru v Kiarie Shoe Stores Limited.
- The court was required to assess the appropriate amount of damages under the Fatal Accidents Act and the Law Reform Act following a road accident that resulted in the plaintiff's wife's death. The assessment included loss of dependency, loss of expectation of life, pain and suffering, and special damages.
Holdings
- Loss of expectation of life under the Law Reform Act: Kshs. 150,000.00. Awarded as a standard figure for this head of damages.
- Pain and suffering under the Law Reform Act: Kshs. 300,000.00. Based on medical testimony of injuries sustained in the accident.
- Loss of dependency under the Fatal Accidents Act: Kshs. 2,000,000.00. Awarded as a global sum considering the deceased's age, income, and family support.
- Special damages: Kshs. 6,452,789.90. Covered treatment, transport, and funeral expenses with supporting documentation provided.
Remedies
- Loss of expectation of life
- Special damages
- Costs of the suit
- Loss of Dependency under Fatal Accident Act
- Pain and suffering
Monetary Damages
8902789.90
Legal Principles
- The court applied the principle that special damages must be both pleaded and proved, referencing Coast Bus Service Ltd v Murunga Danyi as authority for this requirement.
- The court emphasized that in awarding damages under the Law Reform Act, it would consider the award made under the Fatal Accidents Act if the beneficiaries are the same to avoid double compensation, citing Hellen Waruguru Waweru v Kiarie Shoe Stores Limited.
Precedent Name
- Coast Bus Service Ltd v Murunga Danyi
- Hellen Waruguru Waweru v Kiarie Shoe Stores Limited
Cited Statute
- Fatal Accidents Act
- Law Reforms Act
Judge Name
D.S. Majanja
Passage Text
- I would award a global sum of Kshs. 2,000,000.00 taking into account the deceased's age, income and other imponderables.
- I am satisfied that the plaintiff has proved that he incurred expenses amounting to Kshs. 6,453,482.90 as pleaded in the plaint.
- I would award Kshs 150,000.00. ... I award Kshs. 300,000.00.