Japheth Natse Ifedha v Collindale Security Company Limited [2014] KECA 299 (KLR)

Facts

The appellant, Japheth Natse Ifedha, sued his former employer, Collindale Security Company Limited, in the Chief Magistrate's Court at Milimani, Nairobi, seeking general damages for pain and suffering and loss of amenities, general damages for breach of contract, special damages, exemplary damages for inhuman conduct, costs of the suit, and interest from the respondent in respect of injuries sustained in the course of his employment.

Issues

1. Whether the trial court erred in law by failing to address the question of negligence on the basis of the pleadings and the evidence.
2. Whether the trial court made findings of fact on the basis of hearsay evidence and a departure from the pleadings.
3. Whether the trial court failed to make a finding as to quantum of damages payable.
4. Whether the trial court failed to address the legal basis for a claim in exemplary damages and in making findings of law based on the legal doctrine of volenti-non-fit injuria which was neither pleaded nor arose in the course of evidence or proceedings.

Reasoning

The Court found that the respondent discharged its duty of reasonable care to the appellant and that the claim in negligence has not been established on a balance of probability.

Outcome

Appeal dismissed with costs

Authorities cited