Richard Makori Nyambuku v Dodwell & Company East Africa Limited [2019] KEELRC 147 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 147
- Citation
- [2019] KEELRC 147 (KLR)
- Decided
- 11 December 2019
Summary at a glance
TypeCivil AppealPostureAppeal from the judgment of Hon. Francis Kyambia, SRM in Mombasa SPMCC No. 1062 of 2017CoramIbrahim, Visram
The Appellant failed to prove that he was injured in the course of duty at the Respondent's premises.
Facts
The Appellant, Richard Makori Nyambuku, was an employee of the Respondent, Dodwell & Company East Africa Limited, who sustained injuries at the Respondent's premises. The Appellant claimed the injuries were caused by the Respondent's negligence and/or breach of contract and/or statutory duty.
Issues
- Whether the Appellant was injured in the course of his employment.
- Whether the Appellant's evidence and submissions were properly considered by the trial court.
Reasoning
The court affirmed the trial court's finding that the Appellant did not prove he was injured in the course of duty at the Respondent's premises, citing jurisprudence that the plaintiff must establish a causal link between the injury and the defendant's negligence.
Outcome
Appeal dismissed with costs to the Respondent.
Orders
- Costs to the Respondent in this Court and the Court below.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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