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…Reform Act is mandatory The application concerned leave to commence judicial review proceedings for an order of certiorari filed outside the six-month period prescribed under section 9(3) of the Law Reform Act (cap. 26).…

…Reform Act - Law Reform Act (cap. 26) section 9(3).…

…Reform Act Cap 26 (Laws of Kenya).…

…Reform Act Cap 26 of the Laws of Kenya.…

…Reform Act from the Fatal Accidents Act award.…

…This brings me to the most heavily contested ground of appeal: the deduction of the Law Reform Act awards from the Fatal Accidents Act award.…

…Reform Act cap 26 Laws of Kenya for the benefit of the estate of the deceased, and costs and interests on special and general damages. 3.…

…Reform Act and Fatal Accidents Act for filing the suit over 6 months from date of grant, that the learned trial magistrate in making awards for damages both under the Law Reform Act and the Fatal Accidents Act took into…

…But the real battle that was fought before us, was on the learned judge’s award of damages to the respondents under the Law Reform Act.…

…In that case, as in this, the capacity of a plaintiff to commence an action for the benefit of a deceased’s estate under the Law Reform Act was disputed.…

…The Respondents made their claim under the Fatal Accidents Act (Chapter 32 of the Laws of Kenya) and the Law Reform Act (Chapter 26 of the Laws of Kenya).…

…The only award that could be duplicated is an award for lost years under the Law Reform Act given to the same dependants who are set to benefit under the Fatal Accidents Act.…

…On the award under the Law Reform Act, the Respondent submits that the trial Magistrate was not required to mathematically deduct the award made under the Law Reform Act from the award under the Fatal Accidents Act. 15.…

…Relying on Section 2(5) of the Law Reform Act and Section 4(2) of the Fatal Accidents Act, the Respondent submits that the rights conferred under the Law Reform Act are in addition to, and not in derogation of, the rights…

…Reform Act and the Fatal Accidents Act.…

…A perusal of the judgment of the trial court shows that she acknowledged and justified her award under section 2(5) of the Law Reform Act.…

…Reform Act.…

…In making this award, the learned magistrate did not make any reference whatsoever to the awards made under the Law Reform Act.…

…These are founded on the Law Reform Act.…

…The Fatal Accidents Act and the Law Reform Act were not pleaded or mentioned at all in the plaint.…

…The background of the case is that the 1 st respondent sued the appellant and 2 nd respondent claiming damages under the Fatal Accident Act and Law Reform Act following the death of Rasto Daudi Hoidi in a road traffic accident…

…This therefore means that a party entitled to sue under the Fatal Accidents Act still has the right to sue under the Law Reform Act in respect of the same death.…

…DAMAGES UNDER THE LAW REFORM ACT A. PAIN AND SUFFERING 8.…

…The Appellants submitted that since the dependants were the same under both the Law Reform Act and Fatal Accidents Act, the award under the Law Reform Act should be subtracted from the award under the Fatal Accidents Act…

…the Law Reform Act.…

…Reform Act as damages for lost years.…

…DEDUCTION OF THE AWARD UNDER THE LAW REFORM ACT FROM THE AWARD UNDER FATAL ACCIDENTS ACT The Appellant submitted that since the dependents were the same under the Law Reform Act and Fatal Accidents Act, the award under the…

…Reform Act when making an award under the Fatal Accidents Act.”…

…Her two sons (the repondents) filed suit in the superior court claiming damages under The Law Reform Act and The Fatal Accidents Act (chapters 26 and 32 respectively of The Laws of Kenya).…

…It is now settled law that a plaintiff has no locus standi to claim under The Law Reform Act until after he has obtained letters of administration to administer the estate of the deceased concerned.…

…By a plaint dated 11/05/2022 the Respondent sued the Appellant for general damages under the Law Reform Act and the Fatal Accidents Act, special damages, costs of the suit and interest and was successful.…

…Lastly, Counsel urged this court to discount the award under the Law Reform Act from the final award of the court.…

…Reform Act.…

…Reform Act cap 26 of the Laws of Kenya.…

…Under the Law Reform Act, the claim is brought on behalf of the estate, for the loss directly suffered by the estate.…

…Loss of expectation of life is the other head for which the court could make an award under the Law Reform Act.…

…Law Reform Act (a.) Pain and Suffering 10, 000. 00/= (b.) Special Damages 283, 400. 00/= GRAND TOTAL KSHS 1, 193, 400/= iv.…

…Reforms Act and not deduct.…