JUDGMENT
Mollo Edilio, the appellant is a resident of Toscanini in Italy. Whilst in Kenya as a tourist in 1986, his wife Carbotti Albarosa was involved in a road accident on the 27th day of March, 1986 at about 10.15 pm along Mombasa/Malindi Road at Kizingo village heading towards Malindi and died instantly.
Letters of Administration of the deceased’s estate were issued to him at Ventimiglia, Italy on 19th January, 1989, but were not resealed in Kenya as required by section 77 of the Law of Succession Act (cap 160).
On 17th February, 1989, the appellant filed suit in Mombasa High Court claiming damages both under the Fatal Accidents Act (cap 32) on behalf of himself and for the benefit of his son and under the Law Reform Act (cap 26) as personal representative of the deceased for the benefit of the deceased’s estate.
At the conclusion of the trial, Shields, J awarded damages and funeral expenses under the Fatal Accidents Act in foreign currency amounting to 120 million Lira for dependency…