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…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.…

…There was quite clearly a fundamental error on the part of the Superior Court in granting such extension of time as Section 9(3) of the Law Reform Act, Cap 26 Laws of Kenya, quite clearly shows that an application for leave…

…It can readily be seen that order 53 rule 2 (as it then stood) is derived verbatim from S.9(3) of the Law Reform Act.…

…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.…

…Justice Juma) in Nairobi on 27th June, 1996 by which the respondent was awarded damages under the Fatal Accidents Act and the Law Reform Act arising out of the death of her husband in a road traffic accident which occurred…

…The second ground of appeal complains about the learned judge awarding a sum of shs.80,000/= under the Law Reform Act when the respondent had not taken out letters of administration for the estate of her deceased husband…

…and the Law Reform Act.…

…It was contended by Mr Inamdar, for the respondent, that it was wrong on the part of the learned judge to award a sum of Shs 60,000/= under the Law Reform Act when damages had already been assessed at Shs 270,000/= under…

…Thislast figure must have been arrived at erroneously by omitting toinclude damages for loss of expectation of life and the specialdamages as part of the award under the Law Reform Act.…

…Thislast figure must have been arrived at erroneously by omitting toinclude damages for loss of expectation of life and the specialdamages as part of the award under the Law Reform Act.…

…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…

…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.…

…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.…

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

…because of the work-load in the superior court, may not have time to apply his mind to the strict requirements of the Act which Act of course limits the granting of such leave in respect of personal injury, Fatal Accidents Act…

…, and the Law Reform Act claims only.…