PETER M. NYABINGE V. SHAMILLA ANYANGO (SUING AS ADMINISTRATOR OF THE ESTATE OF YACOB O. JUMA (DECEASED)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

CIVIL APPEAL NO. 65 OF 2011

PETER M. NYABINGE....................................................APPELLANT

VERSUS

SHAMILLA ANYANGO (Suing as administrator of the estate of

YACOB O. JUMA (Deceased).................................RESPONDENT

[Being an appeal from the judgment and decree of Honourable Ezra

Awino (Senior Principal Magistrate) Kisumu CMCC No. 201 of 2008

Shamilla Anyango v. Peter M. Nyabinge delivered on 4th May 2011]

JUDGMENT

The Court below awarded the Respondent a sum of Kshs.1,738,000/= as damages under the Law Reform Act and the Fatal Accidents Act. Being aggrieved the appellant filed an appeal based on the following grounds that the trial magistrate misdirected himself in law and fact, that the trial magistrate misconceived the evidence both on liability and quantum; that the trial magistrate erred in holding there was proof of earnings of 19,600/= when none was availed, that the magistrate erred in awarding specials in t…