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Asukile s/o Mwakyoma v. Manyase s/o Mainge, Civ. App. 19-D-67; Duff, J.



Asukile s/o Mwakyoma v. Manyase s/o Mainge, Civ. App. 19-D-67; Duff, J.

Plaintiff’s seven-year old daughter was killed in a motor accident. In this action he sough damages of Shs. 1000/- for loss of society, and Shs. 2200/- to compensate for the value of cattle he would have received when she married.

            Held: (1) The measure of damages under the Law Reform (Fatal Accidents and Miscellaneous Provisions) Ordinance, Chapter 360, is the dependant’s net cumulative loss resulting from the deceased’s death. It must be shown that the dependant had a reasonable expectation of pecuniary benefit if the deceased had lived. (2) There was no evidence that the child assisted in domestic service and no suggestion that she would have assisted had she lived. Therefore, the general damages of Shs. 1000/- were not proven. (3) Damages with respect to the child’s marriage were equally conjectural and must be rejected.

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