United Millers Limited v Ayako & another (Suing as legal representatives of the Estate of Laurent Kabila Ouma) (Civil Appeal E012 of 2024) [2024] KEHC 15028 (KLR) (25 November 2024) (Judgment)

Key Facts

Deceased Name

Issues

• Whether the trial court's judgment violated the provisions of Order 21 Rule 4 of the Civil Procedure Rules by failing to explicitly list issues for determination and provide structured reasoning.
• Whether the awards for loss of dependency and other damages were inordinately high, particularly given the deceased's lack of established income and uncertain future career prospects.
• Whether the trial court erred in finding the appellant 100% liable for the accident despite the appellant's denial and lack of evidence from the respondent proving the deceased contributed to the accident.

Date of Death

Holdings

• The court partially allowed the appeal, reducing the loss of dependency award from Kshs 5,822,600 to Kshs 3,000,000. Other damages (pain and suffering, special damages) were upheld.
• The court upheld the trial magistrate's 100% liability finding against the appellant, as the defense lacked evidentiary support. The respondents' uncontroverted evidence established negligence.
• The court found the trial magistrate's judgment met the requirements of Order 21 Rule 4 of the Civil Procedure Rules, as it contained a concise statement of the case, issues for determination, and reasons. The appeal on this issue is dismissed.

Remedies

• The court ordered that each party shall bear their own costs of the appeal, as the appeal was only partially successful.
• The court upheld the trial magistrate's award of Kshs 1,521,040 for special damages, which were not challenged in the appeal.
• The court upheld the trial magistrate's awards of Kshs 150,000 for loss of expectation of life and Kshs 300,000 for pain and suffering, as these were not contested in the appeal.
• The court substituted the original award of Kshs 5,822,600 for loss of dependency with a new award of Kshs 3,000,000, considering the deceased's potential future earnings as a university student.
• The general damages awarded by the trial court earn interest from the date of the judgment (26 May 2023) until the date of full payment.
• The special damages earn interest at the court's prescribed rates from the date the suit was filed (8 May 2019) until the date of full payment.

Monetary Damages

Legal Principles

• In civil cases, the standard of proof is on the balance of probabilities. The respondents successfully met this standard by presenting credible evidence that the deceased's death was caused by the appellant's negligence, with no evidence from the appellant to counter this.
• The court applied the multiplier approach to determine the loss of dependency award for the deceased, who was an 18-year-old student. The trial court's choice of method was upheld despite the lack of precise income data for the deceased.
• The court emphasized that the burden of proof lies with the party who alleges the facts, as per Section 107(1) of the Evidence Act. The respondents had to prove the appellant's liability, which they did through uncontroverted evidence from an eyewitness.

Succession Regime

Precedent Name

• Zachary Abusa Magoma v Julius Asiago Ogentoto & Jane Kerubo Asiago
• Steve Tito Mwasya & Another v Rosemary Mwasya
• Susan Kanini Mwangangi v Patrick Mbithi Kavita
• Margaret Wangari Kiambuthi v Jane Njeri Ngugi & Another
• Teresia Wanjiru Githinji v Lucy Kanana M'rukaria & Another
• Anne Wambui Ndiritu v Joseph Kiprono Ropkoi & Another
• Awili Nelson v Purity Achieng Ochieng
• Isabella Wanjiru Karanja v Washington Malele
• Kenya Akiba Micro Financing Limited v Ezekiel Chebii & 14 others
• Hussein Omar Farah v Lento Agencies
• Samwel Kimutai Koriri v Nyanchwa Adventist Secondary School & Another
• Timsales Limited v Samuel Kamore Kihara
• Daniel Toroitich Arap Moi vs. Mwangi Stephen Muriithi & Another
• Francis K. Righa v Mary Njeri (Suing as the legal Representative of the Estate of James Kariuki Nganga)

Executor Name

• Victor Otieno Ouma
• Keziah Adhiambo Ayako

Cited Statute

• Fatal Accidents Act
• Evidence Act, Cap 80 Laws of Kenya
• Law Reform Act

Executor Appointment

Judge Name

Passage Text

• The court substituted the trial magistrate's loss of dependency award with a global award of Kshs 3,000,000.
• The respondents' case in as far as liability was concerned remained uncontroverted.
• The court observed that where the multiplicand cannot be ascertained with any precision, courts can make a global award subject to the circumstances of each case.

Beneficiary Classes