Customer Support

COAST BUS SERVICE LIMITED
V.
SAMUEL MBUVI LAI

(1997) JELR 103136 (CA)

Court of Appeal 23 May 1997 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 8 of 1996
Judges:Johnson Evan Gicheru Amrittal Bhagwanji Shah Philip Kiptoo Tunoi
Location:Nairobi
Other Citations:Coast Bus Service Limited v. Samuel Mbuvi Lai [1997]eKLR

JUDGMENT OF THE COURT

This appeal raises a short point for decision, that is to say, whether letters of administration obtained by a plaintiff, after the date of filing of the suit, give him any Locus Standi to make claims under the Law Reform Act (Cap. 26) Samuel Mbuvi Lai, the respondent (plaintiff in the superior Court) filed suit in the superior court on the 26th day of July, 1993 claiming damages against the appellant (defendant) under the Fatal Accidents Act (cap. 32) and the Law Reform Act. The Award of the damages made under the Fatal Accidents Act is not in issue before us. The appellant obtained a limited grant to administer the estate of late George Mukabi Lai on the 8th day of November, 1994. The claim in the superior court was on behalf of the estate of late George Mukabi Lai and also by his dependants.

The superior Court awarded damages under the Law Reform Act under two heads as follows:

Pain and suffering Shs. 5,000.00

Loss of expectation of life Shs. 70,000.00

Mr. Chacha O…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.