CLAIM FOR:
1. An Order that the Appeal be allowed.
2. An Order that the Judgement of the Subordinate Court be set aside and/or vacated.
3. An Order that the Court substitute its decision in place of the decision of the Lower Court in terms that the Respondent/Plaintiffs suit be dismissed.
4. The grant of orders that will meet the ends of Justice.
5. An Order that the costs of the Appeal and the Lower Court be granted to the Appellants.
This appeal coming up for hearing and for judgment on 24.04.2025 before HON. J. Kamau - Judge
IT IS HEREBY ORDERED
1. THAT the Appellant’s Appeal that was lodged on 9th August 2023 was partially merited.
2. THAT the Judgement of Kshs 2,420,920/= that was entered by the learned Magistrate in Vihiga PMCC No. 85 of 2020 on 24th July 2023 in favour of the Respondent herein against the Appellants herein be and is hereby set aside and/or vacated and the same be and is hereby replaced with a decision that Judgement be and is hereby entered in favour of the Respondent herein against the Appellants herein for the sum of Kshs 928,285/= made up as follows:
a. Judgement on Liability be and is hereby entered at the ratio of 85:15 in favour of the Respondent against the Appellants.
b. The Respondent be and is hereby awarded Kshs. 880,000/= for loss of dependency.
c. The Respondent be and id hereby awarded Kshs. 100,000 for loss of expectation of life.
d. The Respondent be and is hereby awarded Kshs. 30,000/= for pain and suffering.
e. The Respondent be and is hereby awarded Kshs. 82,100/= for special damages.
f. Less 15% contribution Kshs 163,815/=
g. Total Kshs 928,285/=
3. THAT the Respondent be and is hereby awarded costs of the suit and interest thereon at court rates. Interests on special damages will accrue from the date of filing suit while damages under the Law Reform Act Cap 26 (Laws of Kenya) and under the Fatal Accidents Act 32 (Laws of Kenya) will accrue interest from the date of Judgement of the lower court until payment in full.
4. THAT as the Appellants were partly successful in their Appeal, each party will bear its own costs of the Appeal herein. GIVEN under my hand and seal of this Honourable Court at Vihiga this 24th day of April ,2025.
ISSUED at Vihiga this 5th day of May 2025.
Document as amended or endorsed by the registry staff
Amended By:
Patricia Chelangat(Court Assistant)
Date Amended:
2025-05-05 16:45:12
Draft:
CLAIM FOR:
1. An Order that the Appeal be allowed.
2. An Order that the Judgement of the Subordinate Court be set aside and/or vacated.
3. An Order that the Court substitute its decision in place of the decision of the Lower Court in terms that the Respondent/Plaintiffs suit be dismissed.
4. The grant of orders that will meet the ends of Justice.
5. An Order that the costs of the Appeal and the Lower Court be granted to the Appellants.
This appeal coming up for hearing and for judgment on 24.04.2025 before HON. J. Kamau - Judge
IT IS HEREBY ORDERED
1. THAT the Appellant’s Appeal that was lodged on 9th August 2023 was partially merited.
2. THAT the Judgement of Kshs 2,420,920/= that was entered by the learned Magistrate in Vihiga PMCC No. 85 of 2020 on 24th July 2023 in favour of the Respondent herein against the Appellants herein be and is hereby set aside and/or vacated and the same be and is hereby replaced with a decision that Judgement be and is hereby entered in favour of the Respondent herein against the Appellants herein for the sum of Kshs 928,285/= made up as follows:
a. Judgement on Liability be and is hereby entered at the ratio of 85:15 in favour of the Respondent against the Appellants.
b. The Respondent be and is hereby awarded Kshs. 880,000/= for loss of dependency.
c. The Respondent be and id hereby awarded Kshs. 100,000 for loss of expectation of life.
d. The Respondent be and is hereby awarded Kshs. 30,000/= for pain and suffering.
e. The Respondent be and is hereby awarded Kshs. 82,100/= for special damages.
f. Less 15% contribution Kshs 163,815/=
g. Total Kshs 928,285/=
3. THAT the Respondent be and is hereby awarded costs of the suit and interest thereon at court rates. Interests on special damages will accrue from the date of filing suit while damages under the Law Reform Act Cap 26 (Laws of Kenya) and under the Fatal Accidents Act 32 (Laws of Kenya) will accrue interest from the date of Judgement of the lower court until payment in full.
4. THAT as the Appellants were partly successful in their Appeal, each party will bear its own costs of the Appeal herein. GIVEN under my hand and seal of this Honourable Court at Vihiga this 24th day of April ,2025.
ISSUED at Vihiga this 5th day of May 2025.
1. An Order that the Appeal be allowed.
2. An Order that the Judgement of the Subordinate Court be set aside and/or vacated.
3. An Order that the Court substitute its decision in place of the decision of the Lower Court in terms that the Respondent/Plaintiffs suit be dismissed.
4. The grant of orders that will meet the ends of Justice.
5. An Order that the costs of the Appeal and the Lower Court be granted to the Appellants.
This appeal coming up for hearing and for judgment on 24.04.2025 before HON. J. Kamau - Judge
IT IS HEREBY ORDERED
1. THAT the Appellant’s Appeal that was lodged on 9th August 2023 was partially merited.
2. THAT the Judgement of Kshs 2,420,920/= that was entered by the learned Magistrate in Vihiga PMCC No. 85 of 2020 on 24th July 2023 in favour of the Respondent herein against the Appellants herein be and is hereby set aside and/or vacated and the same be and is hereby replaced with a decision that Judgement be and is hereby entered in favour of the Respondent herein against the Appellants herein for the sum of Kshs 928,285/= made up as follows:
a. Judgement on Liability be and is hereby entered at the ratio of 85:15 in favour of the Respondent against the Appellants.
b. The Respondent be and is hereby awarded Kshs. 880,000/= for loss of dependency.
c. The Respondent be and id hereby awarded Kshs. 100,000 for loss of expectation of life.
d. The Respondent be and is hereby awarded Kshs. 30,000/= for pain and suffering.
e. The Respondent be and is hereby awarded Kshs. 82,100/= for special damages.
f. Less 15% contribution Kshs 163,815/=
g. Total Kshs 928,285/=
3. THAT the Respondent be and is hereby awarded costs of the suit and interest thereon at court rates. Interests on special damages will accrue from the date of filing suit while damages under the Law Reform Act Cap 26 (Laws of Kenya) and under the Fatal Accidents Act 32 (Laws of Kenya) will accrue interest from the date of Judgement of the lower court until payment in full.
4. THAT as the Appellants were partly successful in their Appeal, each party will bear its own costs of the Appeal herein. GIVEN under my hand and seal of this Honourable Court at Vihiga this 24th day of April ,2025.
ISSUED at Vihiga this 5th day of May 2025.
Document as amended or endorsed by the registry staff
Amended By:
Patricia Chelangat(Court Assistant)
Date Amended:
2025-05-05 16:45:12
Draft:
CLAIM FOR:
1. An Order that the Appeal be allowed.
2. An Order that the Judgement of the Subordinate Court be set aside and/or vacated.
3. An Order that the Court substitute its decision in place of the decision of the Lower Court in terms that the Respondent/Plaintiffs suit be dismissed.
4. The grant of orders that will meet the ends of Justice.
5. An Order that the costs of the Appeal and the Lower Court be granted to the Appellants.
This appeal coming up for hearing and for judgment on 24.04.2025 before HON. J. Kamau - Judge
IT IS HEREBY ORDERED
1. THAT the Appellant’s Appeal that was lodged on 9th August 2023 was partially merited.
2. THAT the Judgement of Kshs 2,420,920/= that was entered by the learned Magistrate in Vihiga PMCC No. 85 of 2020 on 24th July 2023 in favour of the Respondent herein against the Appellants herein be and is hereby set aside and/or vacated and the same be and is hereby replaced with a decision that Judgement be and is hereby entered in favour of the Respondent herein against the Appellants herein for the sum of Kshs 928,285/= made up as follows:
a. Judgement on Liability be and is hereby entered at the ratio of 85:15 in favour of the Respondent against the Appellants.
b. The Respondent be and is hereby awarded Kshs. 880,000/= for loss of dependency.
c. The Respondent be and id hereby awarded Kshs. 100,000 for loss of expectation of life.
d. The Respondent be and is hereby awarded Kshs. 30,000/= for pain and suffering.
e. The Respondent be and is hereby awarded Kshs. 82,100/= for special damages.
f. Less 15% contribution Kshs 163,815/=
g. Total Kshs 928,285/=
3. THAT the Respondent be and is hereby awarded costs of the suit and interest thereon at court rates. Interests on special damages will accrue from the date of filing suit while damages under the Law Reform Act Cap 26 (Laws of Kenya) and under the Fatal Accidents Act 32 (Laws of Kenya) will accrue interest from the date of Judgement of the lower court until payment in full.
4. THAT as the Appellants were partly successful in their Appeal, each party will bear its own costs of the Appeal herein. GIVEN under my hand and seal of this Honourable Court at Vihiga this 24th day of April ,2025.
ISSUED at Vihiga this 5th day of May 2025.