Emmanuel Wawole Mochawa v Harun Kariuki Kamande [2020] eKLR Case Summary

Court
High Court of Kenya at Mombasa
Category
Civil
Judge(s)
D. O. Chepkwony, P. J. Otieno
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Emmanuel Wawole Mochawa v Harun Kariuki Kamande [2020] eKLR

1. Case Information:
- Name of the Case: Emmanuel Wawole Mochawa (Suing as the Legal Administrator of the Estate of Victor Eldaima Mochawa) v. Harun Kariuki Kamande
- Case Number: Civil Suit No. 14 of 2017
- Court: High Court of Kenya at Mombasa
- Date Delivered: October 15, 2020
- Category of Law: Civil
- Judge(s): D. O. Chepkwony, P. J. Otieno
- Country: Kenya

2. Questions Presented:
- Whether the Limited Grant of Letters of Administration Ad Colligenda Bona empowered the Plaintiff to institute the present suit.
- Whether the Defendant is liable for the accident that resulted in the deceased’s death.
- What damages, if any, are awardable to the Plaintiff.

3. Facts of the Case:
The Plaintiff, Emmanuel Wawole Mochawa, filed a suit on behalf of the estate of his son, Victor Eldaima Mochawa, who died in a road traffic accident on January 25, 2013. The deceased was a passenger in a vehicle owned by the Defendant, Harun Kariuki Kamande, which was allegedly driven negligently, leading to the accident. The Plaintiff claimed damages for the loss of his son and related expenses, alleging that the Defendant's driver was responsible for the accident due to excessive speed and failure to exercise due care.

4. Procedural History:
The Plaintiff initiated the suit by filing a Plaint on March 27, 2014, seeking general and special damages. The Defendant filed a Statement of Defence but did not present any witnesses during the trial. The Plaintiff's witnesses included the deceased’s father and a police officer who provided testimony regarding the accident. The case proceeded with written submissions from both parties, with the Plaintiff asserting negligence and the Defendant arguing that the Plaintiff lacked the proper legal standing to bring the suit.

5. Analysis:
- Rules: The court considered the Law of Succession Act, particularly Section 54 and Section 67, which govern the types of grants of representation, including Limited Grants Ad Colligenda Bona. The court also referenced Section 107 of the Evidence Act regarding the burden of proof.
- Case Law: The court cited the case of *Morjaria v. Abdalla* to explain the limitations of a Limited Grant, emphasizing that such a grant does not permit the holder to institute legal proceedings on behalf of the estate. Additionally, the doctrine of *res ipsa loquitur* was discussed, indicating that negligence could be inferred from the circumstances of the accident.
- Application: The court found that the Plaintiff lacked the necessary legal standing to file the suit due to the nature of the grant he held. Despite finding the Defendant liable for the accident based on the evidence presented, the court ultimately struck out the suit because the Plaintiff did not have the locus standi to bring the action.

6. Conclusion:
The court concluded that the Plaintiff's suit was struck out due to his lack of legal standing, as the Limited Grant did not empower him to initiate the suit. The court acknowledged the possibility of the Plaintiff filing a new suit after obtaining the appropriate Ad Litem Grant.

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

8. Summary:
The High Court of Kenya ruled that Emmanuel Wawole Mochawa lacked the legal standing to sue on behalf of his deceased son’s estate due to the nature of the grant he possessed. The suit was struck out, but the court allowed for the possibility of re-filing with the correct grant. This case underscores the importance of proper legal representation and the implications of the type of grant obtained in succession matters.

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