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DICKSON TAABU OGUTU
V.
FESTUS AKOLO & ANOR

(2020) JELR 97896 (CA)

Court of Appeal 31 Jan 2020 Kenya
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- The Court of Appeal upheld the High Court’s reduction of the dependency ratio from 2/3 to 1/3 in calculating loss of dependency under the Fatal Accidents Act, finding insufficient evidence that the deceased’s parents or wife were dependan

Case Details

Suit Number:Civil Appeal 86 of 2016
Judges:Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage
Location:Kisumu
Other Citations:Dickson Taabu Ogutu (Suing as the legal representative of the estate of Wilberforce Ouma Wanyama v. Festus Akolo & another [2020] eKLR

JUDGMENT OF THE COURT

This matter lies before this Court as a second appeal. The brief background leading to this appeal is as follows; Wilberforce Ouma Wanyama (the deceased) was involved in a fatal road accident along Busia Mumias Road on 18th September 2013. The said accident was occasioned by the 1st respondent who was driving a tractor of Registration Number KAE 147S. The appellant, a brother to the deceased and the personal representative of his estate sued the respondents in the Chief Magistrate’s court at Busia via Civil Case No. 68 of 2014. The suit was successful and judgment was entered in favour of the appellant as follows;-

a) Pain and suffering Kshs. 20,000

b) Loss of expectation of life Kshs. 80,000

c) Loss of dependency Kshs. 1,200,000

d) Special damages Kshs. 20,000

Total Award Kshs. 1,320,000

It is important to note that the trial magistrate held that the deceased was the sole provider for his parents, his wife and his daughter. And therefore calculated the loss of dependen…

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