Lomolo (1962) Limited v Alexander Mzee Komen [2019] KEELRC 353 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 353
- Citation
- [2019] KEELRC 353 (KLR)
- Decided
- 26 September 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgement of the Principal MagistrateCoramM. MBARU JUDGE
Holding
The appeal is allowed, the trial court’s judgement is set aside, and the appellant is not liable for damages.
Facts
The respondent was an employee of the appellant and was injured on December 24, 2012 while cutting sisal. The appellant denied the claims and argued that the respondent was not an employee at the time of the injury.
Issues
- Employment relationship between the parties
- Proof of negligence
- Nature and extent of the injury
Reasoning
The court found that the respondent was not an employee of the appellant at the time of the injury, and there was no proof of negligence. The court dismissed the claim.
Outcome
Appeal allowed, judgement set aside
Orders
- Judgement of the trial court in PMCC No.15 of 2014, Eldama Ravine delivered on 27th September, 2016 is hereby set aside
Authorities cited
Cases cited (7)
- Timsales Limited versus Noel Agina kello [2014] eKLR
- Nyamache Tea Factory Co. Ltd versus Convas Ontomwa Buge [2010] eKLR
- Kebirigo Tea Factory Co. Ltd versus Richard Ochiegi Obare [2010] eKLR
- Samson Emuru versus Ol Suswa Farm Ltd Nakuru HCCA No. 6 of 2003
- Subati Flowers Limited versus John Kariuki Githae ELRC Appeal No.31 of 2018
- Lomolo (1962) Limited versus Anam Kwangulei ELRA No.25 of 2018
- Kiema Muthuku versus Kenya Cargo Handling Services Ltd [1991] 2 KLR
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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