Bernard Nyanchieng'a Onyancha v Gilani's Supermarket Limited [2020] KEELRC 1068 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1068
- Citation
- [2020] KEELRC 1068 (KLR)
- Decided
- 9 April 2020
Summary at a glance
TypeAppealPostureAppeal from the judgment and decree of Hon. J.M. Omido, Principal MagistrateCoramM. Mbaru
The appeal is dismissed with costs.
Facts
The appellant, Bernard Nyanchieng'a Onyancha, was an employee of the respondent, Gilani's Supermarket Limited, when he was involved in an accident while cooking with oil on February 2, 2015, resulting in serious injuries to his right forearm.
Issues
- Whether the trial court erred in law and fact by dismissing the claim despite proving the same on a balance of probabilities.
- Whether the trial court wrongly evaluated the evidence and blamed the appellant for the accident.
- Whether there was error in the assessment of damages which was too low in disregard of the principles with regard to assessment of damages.
Reasoning
The court found that the appellant's case had no good basis and dismissed it with costs.
Outcome
Appeal dismissed with costs
Orders
- Judgment delivered via email
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