WILSON CHUMO V. MESSRS KAPSIMATWO EXPRESS

JUDGMENT

MULI JA.

The appellant, Wilson Chumo, is the father of the deceased, Naomi Chebet Chumo, who was killed in a road accident involving the respondent’s vehicle Reg No KYL 592 in which the deceased was travelling as a passenger. The accident occurred on the 21st November, 1987 along Eldoret/Kapsabet Road near Kapsabet.

The respondents admitted liability and the trial proceeded for the assessment of damages only.

The deceased left two young children, Winnie Chelagat and David Kiprono Chelulei aged 15 and 12 years respectively. The deceased was 36 years of age at the time of her death. The appellant was aged 72 years while his wife, the mother of the deceased, was about 56 years of age. The appellant instituted this suit for the benefit of the two dependant children and for himself and his wife as dependants of the deceased at the time of her death.

According to the evidence, the deceased was working at Unga Ltd at Eldoret as a nurse receiving a salary of Kshs 5,420/= per month gross.…