Case ID:162358

Mango Chimaren & another v Efreli Ambiyo & another [2020] eKLR

Case Metadata

Case Number:

Civil Appeal 225 of 2012

Parties:

Mango Chimaren & another v Efreli Ambiyo & Ezekia Gwendo (Suing as the administrator of the Estate of Wellington Musembi (Deceased)

Date Delivered:

30 Jul 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Amraphael Mbogholi-Msagha

Citation:

Mango Chimaren & another v Efreli Ambiyo & another [2020] eKLR

Court Division:

Civil

County:

Nairobi

Case Outcome:

Application allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

CIVIL APPEAL NO. 225 OF 2012

MANGO CHIMAREN........................................................1

ST

APPELLANT

WILLIAM GATEI MUIRURI...........................................2

ND

APPELLANT

VERSUS

EFRELI AMBIYO

EZEKIA GWENDO (Suing as the

administrator

of the Estate of

WELLINGTON MUSEMBI (Deceased).............................

RESPONDENTS

(Appeal from the judgment of the Senior Principal Magistrate Nairobi Milimani Law Courts R O Oganyo delivered on 17

th

April 2012 in CMCC NO.1354 of 2010)

RULING

This is an application dated 14

th

January, 2020 seeking a review of the judgment of this court delivered on 12

th

July, 2018, whereby it was held the loss of dependency due and payable to the respondent should be based on one third of the earnings of the deceased.

In the calculations appearing in the judgment however, one third was excluded from that computation. It is clear that, this is an error apparent on the face of the record which should be corrected under Section 80 of the Civil Procedure Act, and Order 45 rules 1 and 2 of the Civil Procedure Rules. The application is opposed but there is no reason whatsoever to oppose the said application.

I am also aware of Section 99 of Civil Procedure Act which is intended to address any slip based on arithmetical errors among others. This is one such case.

The foregoing being the case, the calculations should be as follows, 5,195 x 12 x 17 x1/3 = Kshs 353,260/= less 20% contributory negligence, which is Kshs. 70,652/= leaving a balance of Kshs. 282,608/=.

Accordingly the application is allowed as above with no order as to costs.

Dated, signed and delivered at Nairobi this 30

th

day of July 2020.

A. MBOGHOLI MSAGHA

JUDGE