Kaimosi Tea Estate Co. Ltd v Josephat Maina Murai [2018] KEELRC 2563 (KLR)

Facts

The respondent, Josephat Maina Murai, claimed to have been injured while on duty at Kaimosi Tea Estate Co. Ltd. However, the appellant, Kaimosi Tea Estate Co. Ltd., contested the claim, arguing that the respondent did not prove his case on a balance of probabilities.

Issues

1. Whether the trial magistrate erred in holding the appellant 80% liable in negligence.
2. Whether the trial magistrate erred in holding the appellant negligent.
3. Whether the trial magistrate erred in failing to hold that the respondent was not injured while on duty.
4. Whether the trial magistrate erred in shifting the burden of proof to the appellant.
5. Whether the trial magistrate erred in failing to hold that the respondent did not avail any evidence in support of any injury.
6. Whether the trial magistrate erred in holding that what the respondent was suffering from was a natural ailment and not an injury.
7. Whether the trial magistrate erred in failing to consider the evidence produced by the appellant.
8. Whether the trial magistrate erred in failing to consider the submissions by the appellant.
9. Whether the trial magistrate erred in awarding damages that were excessive in view of the injuries allegedly sustained by the respondent.

Reasoning

The appellant's case is more appealing and convincing, establishing a contradiction and lack of clarity in the respondent's evidence. The trial magistrate failed to address the weight of the respective cases of the parties.

Outcome

Appeal allowed, lower court's judgment set aside

Authorities cited