Equator Flowers (K) Limited v Omar Nyaboga (Cause 10 of 2020) [2021] KEELRC 2407 (KLR) (1 December 2021) (Judgment)

Facts

The appellant, Equator Flowers (K) Limited, appealed against the judgment of the trial court, which awarded damages to the respondent, Omar Nyaboga, for injuries sustained while working at the appellant's flower farm.

Issues

1. Whether the trial court erred in failing to hold that the plaintiff did not prove his case on a balance of probability.
2. Whether the trial court erred in awarding damages.
3. Whether the trial court erred in failing to apportion liability judiciously.
4. Whether the trial court's award of damages was inordinately too high and manifestly excessive.
5. Whether the trial court erred in failing to dismiss the respondent's case.

Reasoning

The court found that the trial court had sufficient material to persuade that the plaintiff had proved his case on a balance of probabilities and that the award of Kshs. 150,000/= was not inordinately high.

Outcome

Appeal dismissed

Authorities cited