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Mumias Sugar Company Ltd v Wanalo (Civil Appeal 91 of 2003) [2007] KECA 485 (KLR) (31 July 2007) (Judgment)

[2007] KECA 485 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
485
Citation
[2007] KECA 485 (KLR)
Decided
31 July 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the High Court of Kenya KisumuCoramBrowne L., Chesoni Ag., Gacheche, Kneller, Nyarangi Ag., Stephenson L.
Holding

The court found the appellant liable for negligence and awarded special and general damages to the respondent.

Facts

The respondent was an apprentice at the appellant's factory. On July 4, 1998, he was instructed to remove a locker from the first floor to another building using an overhead crane. The respondent climbed on the crane to operate it, resulting in injuries.

Issues

  1. Negligence of the appellant
  2. Award of damages

Reasoning

The court held that the appellant was negligent for not providing a safe working environment and for not ensuring the crane was properly operated.

Outcome

Appeal dismissed

Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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