Appeal against damages awarded in a fatal road traffic accident claim arising from the death of Moses Nyamweya Moseti
The bottom line
#Courts will adjust accident damage awards based on specific facts, such as the deceased's job risk or the nature of the injury.
What this practically means
#Executive summary
#Key legal issues
#Quantum of damages for pain and suffering where death is instant
The award of Kshs. 100,000 was on the higher side and reduced by half to Kshs. 50,000
The deceased died soon after the accident with no hospitalization, so a full award was unjustified; the appellate court reduced the figure by half as part of its power to adjust awards that are inordinately high.
Multiplier for loss of dependency for a 36-year-old boda boda rider
A multiplier of 20 years was appropriate instead of the trial court's 24 years
The deceased's work was risky and earnings uncertain, requiring a discount for unforeseen events; the minimum wage of Kshs. 9,708.95 was used with a 2/3 dependency ratio, yielding Kshs. 1,564,952.
Dependency ratio absent direct proof of dependency
The 2/3 ratio was upheld as the dependants were pleaded and undisputed
With dependants as pleaded (wife, mother, two daughters, one son) and not disputed by any evidence, it was more likely than not the deceased spent 1/3 on himself and 2/3 on dependants.
Interaction of Fatal Accidents Act and Law Reform Act awards
The loss of expectation of life award is taken into account but not necessarily deducted from loss of dependency
The suit is brought under both statutes; the lower court could not be faulted for not deducting the expectation of life award from the dependency award.
Legal principles established
#- An appellate court may not interfere with a trial court's award of damages unless it is inordinately high or low or the trial court misconceived applicable principles
- An award for loss of expectation of life should be taken into account, but not necessarily deducted, when assessing loss of dependency
- Submissions may not take the place of evidence
Court orders
#- 1.Appeal partly allowed on the adjustment of figures relating to pain and suffering and loss of dependency
- 2.Judgment for the respondents: pain and suffering Kshs. 50,000; loss of expectation of life Kshs. 100,000; loss of dependency Kshs. 1,564,952; special damages Kshs. 700; sub-total Kshs. 1,715,652 less 20% (Kshs. 343,130.40) totalling Kshs. 1,372,521.60
- 3.Respondents to have costs and interest at court rates in the lower court
- 4.Each party to bear their own costs in the appeal
- On appeal from
- Lower court (magistrates' court)
- Not stated
- Jurisdiction invoked
- First appellate jurisdiction over the lower court's award of damages in a fatal accident claim
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Appeal against damages awarded in a fatal road traffic accident claim arising from the death of Moses Nyamweya Moseti", Case Analysis (2020). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.