Ram Gopal Gupta v Nairobi Tea Packers Limited & 2 others [2017] KECA 575 (KLR)
- Court
- Court of Appeal
- Case number
- 575
- Citation
- [2017] KECA 575 (KLR)
- Decided
- 31 March 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPostureAppeal from a High Court judgmentCoramKANTAI, Kneller, ND
Holding
The Court of Appeal found that the learned judge erred in holding the appellant to have contributed to the accident to the extent of 10% when she had found as a fact that he had not.
Facts
The appellant, Ram Gopal Gupta, was employed by Nairobi Tea Packers Limited. On March 2, 1995, he was supervising the shifting of machines using a forklift provided by R.J. Waljee. One of the machines slipped from the forklift and injured the appellant.
Issues
- Did the plaintiff contribute to the occurrence of the accident?
- The award of general damages for pain and suffering at Shs.190,000/=.
Reasoning
The Court of Appeal agreed with the appellant's counsel that the learned judge erred in apparently holding the appellant to have contributed to the accident to the extent of 10% when she had found as a fact that he had not.
Outcome
The appeal was allowed, and the judgment of the High Court was set aside.
Orders
- The judgment of the High Court was set aside.
- The award of general damages for pain and suffering was reduced to Shs.190,000/=
Remedies
- The appellant was awarded Shs.190,000/= for general damages for pain and suffering.
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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