Customer Support

JACOB AYIGA MARUJA & ANOTHER
V.
SIMEON OBAYO

(2005) JELR 98079 (CA)

Court of Appeal 24 Jun 2005 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 167 of 2002
Judges:Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji
Location:Kisumu
Other Citations:Jacob Ayiga Maruja & another v. Simeon Obayo [2005] eKLR

JUDGMENT OF THE COURT

Jacob Ayiga Maruja and Francis Karani, the appellants herein, appeal to the Court against the quantum of damages awarded to Simon Obayo, the respondent, who had impleaded the appellants as the Administrator of the Estate of one Thomas Ndayo Obayo, the deceased hereinafter. The deceased was killed on or about 19th October, 1998 when he was hit by motor vehicle Reg. No. KAK 470D, the property of the 2nd appellant which was being driven on behalf of the 2nd appellant by the 1st appellant. Both appellants were found wholly liable for the accident and the appeal before us does not attempt to challenge that aspect of the matter. The three grounds of appeal which were argued before us by Mr. Kasamani on behalf of the appellants are that:

“1. The award of General Damages for loss of dependency should not have been awarded (sic). The learned Judge erroneously took into account the alleged earnings of the deceased which was assessed at Kshs.5,000/= per month when there was i…

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.