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Gerald Mbale Mwea v. Kariko Kihara & Gichomo Kihara

(1997) JELR 104859 (CA)

Court of Appeal  •  Civil Appeal 112 of 1995  •  12 Feb 1997  •  Kenya

Akilano Molade Akiwumi, Philip Kiptoo Tunoi



Margaret Wambui Kihara (hereinafter referred to as “the deceased”) was knocked down by a motor vehicle registration number KQE 829, the property of Gerald Mbale Mwea (the appellant). She died as a result of the accident. Her two sons (the repondents) filed suit in the superior court claiming damages under The Law Reform Act and The Fatal Accidents Act (chapters 26 and 32 respectively of The Laws of Kenya). The issue of negligence was, by consent of the parties, agreed. The liability of the appellant was agreed at 65%, that of the deceased being 35%.

The superior court had before it the task of assessing general damages under the two aforesaid Acts, and special damages.

We will first deal with the claim under The Fatal Accidents Acts. The award made thereunder forms the substance of complaint in grounds 2 and 3 of the memorandum of appeal. The deceased was 75 years old when the accident occurred. The two respondents were aged 52 and 48 at the time of her death. Only …

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