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EASY COACH LIMITED
V.
JOHN THOMAS AKALONGO & ANOTHER

(2014) JELR 104006 (CA)

Court of Appeal 18 Dec 2014 Kenya
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Case Details

Suit Number:Civil Appeal 301 of 2012
Judges:David Kenani Maraga, Festus Azangalala, Sankale ole Kantai
Location:Kisumu
Other Citations:Easy Coach Limited v. John Thomas Akalongo & another [2014] eKLR

JUDGMENT OF THE COURT

1. On or about the 9th October, 2007, Nipher Akalongo Otembo (the deceased) was travelling along Kisumu-Busia road as a fare paying passenger in the appellant’s bus registration No. KAV 066S. The bus plunged into Suo River and the deceased suffered fatal injuries. After obtaining a limited grant of letters of administration, her parents, John Thomas Akalongo and Rose Owango Akalongo, the respondents in this appeal filed a suit in the High Court at Busia and claimed damages. After hearing the case, Muchemi J found the appellant and its driver 100% liable and awarded the respondents a total of Kes.6,600,000/= damages. This appeal is against that award.

2. In its memorandum of appeal comprising 6 grounds, the appellant faulted the learned trial Judge for granting damages to the deceased’s siblings who were not legal dependants of the deceased; and for applying both a multiplier and a multiplicand which had no legal basis and thus ended up making an award that was so i…

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