Across Africa Safaris & another v John Wang’ombe (Sued as legal representative of the Estate of Jane Kamene-Deceased) & another [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
Hon. L. Njuguna
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Across Africa Safaris & another v John Wang’ombe, highlighting key legal decisions and implications for estates in Kenya. Insightful analysis for legal professionals and students.

Case Brief: Across Africa Safaris & another v John Wang’ombe (Sued as legal representative of the Estate of Jane Kamene-Deceased) & another [2020] eKLR

1. Case Information:
- Name of the Case: Across Africa Safaris & Another v. John Wang’ombe (Sued as legal representative of the estate of Jane Kamene-Deceased) & Another
- Case Number: Civil Appeal No. 445 of 2011
- Court: High Court of Kenya at Nairobi
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): Hon. L. Njuguna
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court included:
- Whether the trial court erred in apportioning liability for the accident between the appellants and the 2nd respondent.
- Whether the damages awarded for loss of dependency were excessive and improperly calculated.

3. Facts of the Case:
The 1st respondent, John Wang’ombe, as the legal representative of the estate of the deceased, Jane Kamene, initiated a suit against the 2nd respondent, Andrew Kamau, for general and special damages following a fatal accident on May 25, 1999. The deceased was a passenger in a vehicle that collided with a lorry owned by the 2nd respondent. The 1st respondent alleged negligence on the part of the 2nd respondent, leading to the fatal injuries sustained by the deceased, who was 25 years old at the time of her death, leaving behind two minor children and her parents.

4. Procedural History:
The case began in the Thika Chief Magistrate’s Court, where the trial court ruled in favor of the 1st respondent, attributing 80% liability to the appellants (Across Africa Safaris and Diamond Trust Bank Kenya Limited) and 20% to the 2nd respondent. The appellants appealed this decision, contesting both the liability apportionment and the quantum of damages awarded.

5. Analysis:
- Rules: The court considered relevant statutes including the Law Reform Act, Cap. 26 and the Fatal Accidents Act, Cap. 32 of the Laws of Kenya, which govern claims for damages in cases of wrongful death.
- Case Law: The court referenced previous cases to guide its decision on liability and damages, including *Stapley v Gypsum Mines Ltd* and *Securicor Kenya Ltd v Kyumba Holdings Ltd*, which discuss the standards for proving liability and ownership of vehicles in accidents.
- Application: The court found that the 2nd respondent failed to provide evidence linking the appellants to the accident or establishing their liability. The evidence indicated that the 2nd respondent's vehicle was primarily at fault. Consequently, the court overturned the trial court's apportionment of liability, assigning 100% liability to the 2nd respondent. Additionally, the court re-evaluated the damages awarded for loss of dependency and decided on a global sum of Kshs. 1,200,000, as opposed to the previously calculated figure.

6. Conclusion:
The High Court ruled in favor of the appellants, setting aside the trial court’s judgment regarding liability and damages. The court found that the 2nd respondent was solely liable for the accident and reduced the damages awarded to the 1st respondent to Kshs. 1,310,000. This ruling clarified the standards for proving liability in vehicular accidents and the assessment of damages in wrongful death claims.

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

8. Summary:
The High Court of Kenya in *Across Africa Safaris & Another v. John Wang’ombe & Another* overturned the trial court's decision, assigning full liability for the accident to the 2nd respondent and adjusting the damages awarded to the estate of the deceased. This case underscores the importance of evidentiary support in establishing liability and the careful assessment of damages in civil claims. The ruling serves as a significant precedent for future cases involving similar legal principles.

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