Hakika Transporters Services Limited v Omar Gafo Bwanaidi [2019] KEELRC 1322 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1322
- Citation
- [2019] KEELRC 1322 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Trial Court's JudgmentCoramJames Rika
Holding
The Appeal is allowed.
Facts
The Respondent, Omar Gafo Bwanaidi, was employed as a Driver by Hakika Transporters Services Limited. On June 11, 2008, while driving in the Port City of Mombasa, he was stoned and assaulted by Matatu Drivers and Touts, sustaining severe bodily injuries.
Issues
- The Trial Court did not record all the evidence of the Witnesses who testified before it.
- The Trial Court should not have apportioned liability equally.
- The Trial Court misapprehended the duty of care owed by the Appellant to the Respondent.
- The Trial Court did not appreciate the role of a Turn Man.
- The Trial Court decided on non-issues.
- The Trial Court disregarded Judicial Authorities and Submissions of the Appellant.
- Award of general damages was excessive.
Reasoning
The Court found the Trial Court's Judgment to be flawed due to misapprehension of the duty of care and failure to consider binding Judicial Authorities.
Outcome
Appeal allowed
Orders
- No order on the costs.
Authorities cited
Cases cited (2)
- Tembo Investments Limited v. Josephat Kazungu [2005]
- Mombasa Civil Appeal Number 21 of 2011
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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