Anthony Konde Fondo & another v RMC (The Representative of FC (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Malindi
Category
Civil
Judge(s)
Hon. Justice R. Nyakundi
Judgment Date
October 01, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Anthony Konde Fondo & another v RMC (The Representative of FC (Deceased) [2020] eKLR, detailing the key judgments, legal principles, and implications for future cases.

Case Brief: Anthony Konde Fondo & another v RMC (The Representative of FC (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: Anthony Konde Fondo & Enforcer Car Alarms v. RMC (The Representative of FC (Deceased))
- Case Number: Civil Appeal No. 31 of 2019
- Court: High Court of Kenya at Malindi
- Date Delivered: 1st October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice R. Nyakundi
- Country: Kenya

2. Questions Presented:
The court must resolve the following central legal issues:
1. Did the trial court err in the quantum award of damages amounting to Kshs. 2,000,000 for loss of dependency?
2. If so, what is the appropriate amount of damages for loss of dependency?

3. Facts of the Case:
The appeal arises from a fatal road traffic accident that occurred on April 17, 2009, in which a 7-year-old girl, FC, was struck and killed by a vehicle driven by the appellant, Anthony Konde Fondo. The respondent, RMC, representing the deceased's estate, filed a suit against the appellants seeking damages under the Fatal Accidents Act and the Law Reform Act. The trial court awarded Kshs. 2,268,185 in total damages, including Kshs. 2,000,000 for loss of dependency, Kshs. 100,000 for pain and suffering, Kshs. 150,000 for loss of expectation of life, and Kshs. 18,085 for special damages.

4. Procedural History:
The respondent initiated the suit on November 4, 2010, leading to a judgment delivered by the Senior Principal Magistrate on June 25, 2018. The appellants filed a memorandum of appeal on June 4, 2018, contesting the trial court's award on quantum, claiming it was excessive and not supported by evidence. Both parties presented written submissions, and the appeal was heard without oral highlights.

5. Analysis:
Rules:
The court considered the applicable legal principles regarding the assessment of damages for loss of dependency, including the Fatal Accidents Act and the Law Reform Act. The court reiterated that damages must be compensatory and that awards should reflect the loss suffered by the dependents.

Case Law:
The court referenced several precedents, including:
- Bashir Ahmed Butt v Uwais Ahmed Khan: Emphasizing the need for appellate courts to be cautious in overturning trial court awards unless they are inordinately high or low.
- Kenya Breweries Ltd v Saro: Highlighting that damages for a deceased minor should consider the child's potential contributions to the family.
- Daniel Mwangi Kimemi & 2 Others v JGM & SMM: Acknowledging that awards for loss of dependency must be consistent with similar cases.

Application:
The court evaluated the trial court's award of Kshs. 2,000,000 for loss of dependency, determining that it was excessive and not supported by sufficient evidence of the child's future earning potential. The court noted that the trial magistrate did not reference comparable cases in arriving at this figure. Ultimately, the court deemed Kshs. 900,000 a more reasonable compensation based on similar cases.

6. Conclusion:
The High Court of Kenya allowed the appeal, reducing the award for loss of dependency from Kshs. 2,000,000 to Kshs. 900,000 while maintaining the other components of the damages awarded by the trial court. This ruling underscores the need for consistency and reasonableness in the assessment of damages in cases involving minors.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The High Court's decision to reduce the damages awarded for loss of dependency in the case of Anthony Konde Fondo & Enforcer Car Alarms v. RMC highlights the court's commitment to ensuring that awards are fair and based on sound legal principles. The ruling serves as a precedent for future cases involving compensation for the loss of minors, emphasizing the importance of evidence and consistency in damage assessments.

Document Summary

Below is the summary preview of this document.

  • Anthony-Konde-Fondo--another-v-RMC-The-Representative-of-FC-Deceased-[2020]-eKLR-Case-Summary_1200_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries