Samwel Mukora & another v Samwel Kipngetich Soi [2020] eKLR Case Summary

Court
High Court of Kenya at Kericho
Category
Civil
Judge(s)
A.N. Ongeri
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Samwel Mukora & another v Samwel Kipngetich Soi [2020] eKLR, analyzing key legal issues and judgments in this pivotal ruling.

Case Brief: Samwel Mukora & another v Samwel Kipngetich Soi [2020] eKLR

1. Case Information:
- Name of the Case: Samwel Mukora & AM Transporters v. Samwel Kipngetich Soi (Suing as the Administrator of the Estate of the Late Gideon Kipchirchir Soi (Deceased))
- Case Number: Civil Appeal No. 9 of 2018
- Court: High Court of Kenya at Kericho
- Date Delivered: October 2, 2020
- Category of Law: Civil
- Judge(s): A.N. Ongeri
- Country: Kenya

2. Questions Presented:
The court must resolve the following central legal issues:
1. Whether the suit is statute time-barred as per the Limitation of Actions Act.
2. Whether the award of damages granted by the Trial Court was manifestly excessive.

3. Facts of the Case:
The case involves a civil appeal arising from a road traffic accident that occurred on December 22, 2013, involving a minor pedestrian, Gideon Kipchirchir Soi. The accident transpired along the Kericho-Kisumu Road when a motor vehicle (Registration No. KAY 441J) lost control and struck the minor, who was standing off the road. The Respondent, acting as the administrator of the deceased's estate, filed a claim under the Law Reform Act and the Fatal Accidents Act. The Appellants, the vehicle's owners and driver, denied negligence and raised the defense of limitation, arguing that the suit was filed outside the statutory period.

4. Procedural History:
The Trial Court, presided over by Hon. S. M. Mokua, delivered its judgment on May 27, 2018, finding the Appellants 100% liable for the accident and assessing damages totaling Kshs. 657,775. The Appellants appealed the decision, claiming that the suit was statute time-barred and that the damages awarded were excessive. The appeal involved written submissions from both parties, with the Appellants arguing that the Trial Court misapplied the Civil Procedure Rules regarding the limitation period.

5. Analysis:
- Rules: The relevant statutes include the Limitation of Actions Act (Cap 22) and the Civil Procedure Rules, specifically Order 50(4), which addresses the computation of time for filing suits.

- Case Law: The Appellants cited *Maersk Kenya v. Murabu Chaka & Suma [2017] eKLR*, asserting that Order 50 Rule 4 should not apply to time limits fixed by the Limitation of Actions Act. The Respondent referenced the principles established in *Bidco Refineries Ltd v. Rosslyin Developments Ltd* regarding the appellate court's discretion in reviewing findings of fact.

- Application: The court found that the Appellants failed to plead the limitation defense specifically, which barred them from raising it on appeal. While the Trial Court erred in applying Order 50 Rule 4 to extend the limitation period, the Appellants were estopped from relying on this defense due to its absence in their pleadings. Regarding the quantum of damages, the court determined that the Trial Court's award did not warrant interference, as it was not shown to be inordinately high or based on wrong principles.

6. Conclusion:
The High Court dismissed the appeal, ruling that the suit was not statute time-barred and that the damages awarded were appropriate. The decision underscores the importance of pleading limitation defenses and reaffirms the discretionary powers of trial courts in assessing damages.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The High Court of Kenya upheld the Trial Court's judgment, affirming the liability of the Appellants and the damages awarded. The case highlights critical aspects of civil procedure, particularly concerning the pleading of defenses and the assessment of damages in wrongful death claims. The ruling serves as a precedent for similar cases involving the limitation of actions and the evaluation of damages awarded in civil suits.

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