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…It is a suit brought on behalf of the estate under Law Reform Act Cap 26 of the Kenya Laws claiming special damages and damages under Law Reform Act for the benefit of the estate and damages for loss of expectation of life…

…There is no dispute that the provisions of order 53 are the procedural rules of court made under section 9 of the Law Reform Act (cap 26), (hereinafter called the Act).…

…Thus in my view the present rule 2 of order 53 is in direct conflict with s 9 of the Act and I hold that it is ultra vires of the said section 9 of the Law Reform Act.…

…The plaintiff is entitled to damages under this head by virtue of section 2 of the Law Reform Act (cap 26).…

…Under the Law Reform Act, an aggregate sum of Shs 20,000. I must now apportion the damages to the six dependants of the late J M.…

…amongst the dependants under the Fatal Accidents Act on loss of Dependant is Rose Wahu Kihuni Widow Ksh 60,000/- Gereald Ruthi Kihuni Son Ksh. 70,000/- Antony Kihara Wahome father Ksh. 10,000/- Kshs. 140,000/- Under the Law…

…Reform Act, I note that the deceased was hospitalised for 3 months.…

…Plaintiffapparently claims damages under Law Reform Act and Fatal Accidents Actalthough he does not specifically plead so.…