John Makori Maswari v Ogembo Tea Factory [2020] KEELRC 507 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 507
- Citation
- [2020] KEELRC 507 (KLR)
- Decided
- 17 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Judgment and decree of the Senior Magistrate at Ogembo, C. M. KamauCoramMathews N. Nduma
Holding
The court finds the plaintiff was 80% liable for the injuries sustained and dismisses the appeal with costs to the respondent.
Facts
The plaintiff, John Makori Maswari, slipped and fell at Ogembo Tea Factory on June 13, 2018, injuring his left leg. He was given a sick sheet and treated at Gucha District Hospital. He blamed the company for not providing him with an overall and gumboots.
Issues
- Negligence of the employer
- Quantum of damages awarded
Reasoning
The court found the plaintiff was negligent in the manner discussed and the respondent contributed to the accident. The court upheld the trial magistrate's finding of liability and dismissed the appeal.
Outcome
Appeal dismissed with costs to the respondent.
Orders
- Judgment upheld in its entirety
Remedies
- Costs to the respondent
Authorities cited
Cases cited (6)
- Selle v Associated Motor Boat Company Ltd (1968) E.A 123
- Kango v Manyoka (1961) E.A 414
- Kemfro Africa Limited t/a Meru Express Service
- Gathugo Kamin v Air Lubia and Olive (1982-1988) IKAR 727
- Josephine Angwenyi v Samuel Ochillo
- Kiongore Saw Mills (2004) eKLR
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.
Loading judgment…