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

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: 23rd October 2020
- Category of Law: Civil
- Judge(s): R. Nyakundi
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include:
- Whether the trial court erred in its assessment of damages awarded under the Law Reform Act and the Fatal Accidents Act.
- Whether the trial court applied the correct principles of law in determining the quantum of damages for pain and suffering, loss of expectation of life, and loss of dependency.

3. Facts of the Case:
The respondent, Zuhura Syongit Robert, initiated a suit on behalf of the estate of her deceased son, Abubakar Abdalla Mwangi, who was a minor aged 6 years at the time of his death on 28th February 2018. The minor was struck by a motor vehicle registered as KCG 774C, belonging to 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, totaling Kshs. 2,725/=. The trial court established liability in a ratio of 85:15 in favor of the plaintiffs and awarded damages totaling Kshs. 885,381.25, which included Kshs. 900,000 for loss of dependency, Kshs. 100,000 for loss of expectation of life, and Kshs. 40,000 for pain and suffering.

4. Procedural History:
The appellant filed a memorandum of appeal on 7th October 2019, challenging the trial court's award on several grounds, including the excessive nature of the damages and the failure to consider relevant evidence and legal principles. The appeal was heard in the High Court, where both parties submitted their written arguments.

5. Analysis:
- Rules: The court considered relevant statutes, including the Law Reform Act and the Fatal Accidents Act, which govern the assessment of damages in cases of wrongful death.
- Case Law: The court reviewed previous cases such as *Nance v. British Columbia Electric Railway Co. Ltd* and *Henry Ilanga v. Manyema Manyoka*, which provided guidance on the assessment of damages for pain and suffering and loss of dependency. The court also referred to *Butler v. Butler* regarding the principles for appellate review of damages.
- Application: The court evaluated the trial court's reasoning and the evidence presented. It found no misapplication of law or fact by the trial court in its assessment of damages. The court upheld the trial court's awards for pain and suffering and loss of expectation of life, noting that the minor had suffered significant pain before death. The court also affirmed the loss of dependency award, emphasizing the trial court's discretion in determining the appropriate amounts based on the evidence and relevant authorities.

6. Conclusion:
The High Court upheld the trial court's judgment, affirming the total damages awarded of Kshs. 885,381.25. The court found that the trial court had correctly applied legal principles and had not erred in its assessment of damages. The decision underscores the importance of considering both statutory provisions and case law in determining appropriate compensation for wrongful death, especially involving minors.

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

8. Summary:
The appeal by Azan Enterprises Ltd was dismissed, and the trial court's award of Kshs. 885,381.25 was affirmed. This case highlights the complexities involved in assessing damages for wrongful death, particularly for minors, and reinforces the discretion afforded to trial courts in determining appropriate compensation based on the specifics of each case. The ruling serves as a precedent for future cases involving similar legal issues in Kenya.

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