David Mbuba & Solomon Itule Mbuvi v Victoria Mwongeli Kimwalu & & Angeline Katee Ngwili (Suing as the legal representatives of the estate of) Patrick Ndile Mwololo [2019] KEHC 5768 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

CIVIL APPEAL NO. 256 OF 2017

DAVID MBUBA.................................................................1ST APPELLANT

SOLOMON ITULE MBUVI............................................2ND APPELLANT

VERSUS

VICTORIA MWONGELI KIMWALU &ANGELINE KATEE NGWILI

(Suing as the legal representatives of the estate of)

PATRICK NDILEMWOLOLO........................................RESPONDENTS

DIRECTIONS

1. The trial court awarded Ksh.4,000,000/= for loss of dependency.

2. In the instant appeal, the judgement paragraph 43 the court held that; “As much as the learned trial magistrate did not cite comparable authorities, my view is that the award for loss of dependency is within acceptable range and I find no basis to disturb it.”

3. Thus the Ksh.4,000,000/= awarded was not varied by this court and thus award correction as follows –

Damages under loss of dependency   - 4,000,000/=

Less damages under Law Reform Act - 120,000/=

Total  - 3,880,000/=

Less 20%  - 776,000/=

Balance/Award - 3,104,000/=is justified and thus accordingly corrected under section 99 of Cap.21 Laws of Kenya.

4. This court has jurisdiction to correct mathematical errors suo moto. Accordingly the award is so corrected.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MAKUENI THIS 31ST DAY OF MAY, 2019.

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C. KARIUKI

JUDGE