Case Metadata |
|
Case Number: | Civil Appeal 68 of 2015 |
---|---|
Parties: | Sukari Industries Limited v Clyde Machimbo Juma Suing as the Legal Representatives of the Estate of John Juma Machimbo (Deceased) |
Date Delivered: | 15 Feb 2016 |
Case Class: | Civil |
Court: | High Court at Homabay |
Case Action: | Judgment |
Judge(s): | David Amilcar Shikomera Majanja |
Citation: | Sukari Industries Limited v Clyde Machimbo Juma [2016] eKLR |
Advocates: | Mr Maganda instructed by L. G. Menezes and Company Advocates for the Appellant. Ms Kuke instructed by Kuke and Company Advocates for the Respondent. |
Case History: | (Being an appeal from the Judgment and Decree of Hon. B. R. Kipyegon, RM in the Resident Magistrates Court at Ndhiwa in Civil Case No. 38 of 2014 dated 25th September 2015) |
Court Division: | Civil |
County: | Homa Bay |
Advocates: | Mr Maganda instructed by L. G. Menezes and Company Advocates for the Appellant. Ms Kuke instructed by Kuke and Company Advocates for the Respondent. |
History Docket No: | Civil Case 38 of 2014 |
History Magistrate: | B. R. Kipyegon - RM |
History Advocates: | Both Parties Represented |
History County: | Homa Bay |
Case Outcome: | Appeal Dismissed with Costs to the Respondents. |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT AT HOMA BAY
CIVIL APPEAL NO. 68 OF 2015
BETWEEN
SUKARI INDUSTRIES LIMITED …………………………………..…………….…. APPELLANT
AND
CLYDE MACHIMBO JUMA suing as the legal representatives of the
estate of JOHN JUMA MACHIMBO (Deceased) …..…………………........... RESPONDENT
(Being an appeal from the Judgment and Decree of Hon. B. R. Kipyegon, RM in the Resident Magistrates Court at Ndhiwa in Civil Case No. 38 of 2014 dated 25th September 2015)
JUDGMENT
Damages under the Law Reform Act (Chapter 26 of the Laws of Kenya)
Damages under the Fatal Accidents Act (Chapter 32 of the Laws of Kenya)
Lost Dependency Kshs. 1,000,000/-
[20] This Court has explained the concept of double compensation in several decisions and it is surprising that some courts continue to get it wrong. The principle is logical enough; duplication occurs when the beneficiaries of the deceased’s estate under the Law Reform Act and dependants under the Fatal Accidents Act are the same, and consequently the claim for lost years and dependency will go to the same persons. It does not mean that a claimant under the Fatal Accidents Act should be denied damages for pain and suffering and loss of expectation of life as these are only awarded under the Law Reform Act, hence the issue of duplication does not arise.
Every action brought by nature of the provisions of this act shall be for the benefit of the wife, husband, parent and child of the person whose death was so caused [and shall…..be brought by and in the name of the execution or administrator of the person deceased]…… [Emphasis mine]
The brothers or sisters of the deceased are not dependants for purposes of the Fatal Accidents Act and are therefore not entitled to the proceeds of the judgment and any award to them would definitely reduce the child’s entitlement.
DATED and DELIVERED at HOMA BAY this 15th day of February 2016.
D.S. MAJANJA
JUDGE
Mr Maganda instructed by L. G. Menezes and Company Advocates for the appellant.
Ms Kuke instructed by Kuke and Company Advocates for the respondent.