VINCENT SULULU & CHRISTINE AKINYI OKOCHI V. ROSE

JUDGMENT OF THE COURT

1. This is a second appeal from the original judgment of Mrs. Kidula, Chief Magistrate, in Bungoma C.M.C.C. No. 389 of 2010. In that suit, the appellants herein were the plaintiffs, whereas the respondent was the defendant.

2. The respondent was the owner of a motor vehicle registration number KAU 107A, a matatu, hereinafter referred to as “the vehicle”. On 21^st November, 2009 Henry Barasa Namachanja, hereinafter referred to as “the deceased” was travelling as a fare paying passenger in the motor vehicle when it got involved in an accident, occasioning fatal injuries to the deceased.

3. The appellants as the legal representatives of the estate of the deceased, filed a suit against the respondent under the Law Reform Act as well as the Fatal Accidents Act seeking general and special damages.

4. The parties agreed on liability in the ration 80:20 in favour of the appellants and the task of the trial court was to assess the damages payable.

5. The trial court awarded the…