Sanganyi Tea Factory Ltd v Evans Ondieki Nyokwoyo [2021] KEELRC 196 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 196
- Citation
- [2021] KEELRC 196 (KLR)
Summary at a glance
TypeAppealPostureAppeal from Kisii High Court Civil Appeal No. 121 of 2008CoramRADIDO STEPHEN, MCIARB
The appeal is allowed, and the judgment of the trial court is vacated and dismissed with no order on costs.
Facts
The Respondent, Evans Ondieki Nyokwoyo, was injured while cutting grass with a panga at the factory. He testified that he was not given overalls and gloves, and the court found the Appellant, Sanganyi Tea Factory Ltd, liable for not providing protective gear.
Issues
- Whether the trial court erred in finding the Appellant liable for the accident
- Whether the trial court erred in awarding general damages that were manifestly excessive
Reasoning
The court found that the trial court erred in finding the Appellant liable for the accident due to the lack of evidence showing negligence or breach of statutory duty of care. The court also found that the award of general damages was excessive.
Outcome
Appeal allowed
Orders
- Judgment of the trial court vacated
- Suit dismissed with no order on costs
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