SILVERSTONE QUARRY LIMITED & MANJI HIRJI CHHABHANDIYA V. BEATRICE MUKULU KANG'UTA & ZAKAYO MWAKA MUTHOKA (SUING AS ADMINISTRATORS OF THE ESTATE OF PHILIP MUSYOKA MUTHOKA

JUDGMENT OF THE COURT

1. This is an appeal by the appellants against the judgment of the High Court (Nyamweya, J) in which the learned Judge awarded the respondents damages of Kshs. 1,345,679 for loss of expectation of life, pain and suffering, lost years and funeral expenses after taking into account apportionment of contributory negligence on liability at 30%.

2. Beatrice Mukulu Kang’uta and Zakayo Mwaka Muthoka (1st and 2nd respondents) who are widow and brother respectively to the late Philip Musyoka Muthoka (deceased) lodged a claim in the High Court as administrators of the estate of the deceased. In the plaint dated 5th December, 2014 that was filed in court on 9th December 2014, the respondents pleaded that on 9th August 2012, the deceased was crossing the road along Mombasa Road at KAPA Stage when motor vehicle registration number KAQ 413R, which was registered in the name of Silverstone Quarry Limited (1st appellant) and was at the material time being driven by Manji Hirji Chh…