Azan Enterprises Ltd v Zuhura Syongit Robert [2020] eKLR Case Summary

Court
High Court of Kenya at Malindi
Category
Civil
Judge(s)
R. Nyakundi
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Azan Enterprises Ltd v Zuhura Syongit Robert [2020] eKLR case summary, highlighting key legal findings and implications for businesses. Gain insights into this landmark judgment.

Case Brief: Azan Enterprises Ltd v Zuhura Syongit Robert [2020] eKLR

1. Case Information:
- Name of the Case: Azan Enterprises Ltd v. Zuhura Syongit Robert (Legal Representative of the Estate of Abubakar Abdalla Mwangi (Deceased))
- Case Number: Civil Appeal No. 76 of 2019
- Court: High Court of Kenya at Malindi
- Date Delivered: October 23, 2020
- Category of Law: Civil
- Judge(s): R. Nyakundi
- Country: Kenya

2. Questions Presented:
The central legal issues in this case include whether the trial court made an erroneous award of damages for pain and suffering, loss of expectation of life, and loss of dependency under the Fatal Accidents Act and the Law Reform Act, and whether the trial court failed to apply the correct legal principles in determining the quantum of damages.

3. Facts of the Case:
The respondent, Zuhura Syongit Robert, filed a suit on behalf of the estate of her deceased son, Abubakar Abdalla Mwangi, who was six years old at the time of his death on February 28, 2018. He died after being hit by a motor vehicle owned by the appellant, Azan Enterprises Ltd, in Vipingo, along the Kilifi-Mombasa road. The respondent sought damages under the Fatal Accidents Act and the Law Reform Act, claiming a total of Kshs.2,725/=. The trial court found the appellant liable, attributing liability in a ratio of 85:15 in favor of the respondent and awarded total damages of Kshs.885,381.25 after assessing various components of damages.

4. Procedural History:
The respondent filed the plaint on December 11, 2018, and the trial court delivered judgment on September 30, 2019, awarding damages. The appellant filed a memorandum of appeal on October 7, 2019, challenging the quantum of damages awarded, asserting that the trial magistrate erred in his assessment and failed to consider relevant legal principles and precedents.

5. Analysis:
- Rules: The court considered the Law Reform Act and the Fatal Accidents Act in assessing damages. The critical legal principles include the need to avoid double compensation and the discretion of the trial court to determine appropriate awards based on the circumstances of each case.
- Case Law: The court referenced several precedents, including *Nance v. British Columbia Electric Railway Co. Ltd* and *Henry Ilanga v. Manyema Manyoka*, which discuss the principles governing awards for damages in cases involving minors. The court also referenced *Butler v. Butler*, outlining the standards for appellate review of damages.
- Application: The court upheld the trial magistrate's award for pain and suffering (Kshs.40,000), loss of expectation of life (Kshs.100,000), and loss of dependency (Kshs.900,000) after finding that the magistrate had correctly applied the law and considered relevant factors, including the minor's age and the circumstances of the case.

6. Conclusion:
The High Court affirmed the trial court's decision, ruling that the damages awarded were not excessive and that the trial magistrate had not erred in applying the law. The appeal was dismissed, and the respondent was awarded costs.

7. Dissent:
There was no dissenting opinion in this case.

8. Summary:
The High Court of Kenya upheld the trial court's award of damages to the respondent for the wrongful death of her six-year-old son, affirming the principles of law applied in assessing damages under the Fatal Accidents Act and the Law Reform Act. The ruling emphasizes the court's discretion in determining damages and the importance of considering the specific circumstances surrounding each case. The decision serves as a precedent in similar cases involving minors and wrongful death claims.

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