Bigot Flowers (Kenya) Ltd v Cheboswony (Employment and Labour Relations Appeal 10 of 2018) [2022] KEELRC 3772 (KLR) (10 May 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3772
- Citation
- [2022] KEELRC 3772 (KLR)
- Decided
- 10 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the High Court at NakuruCoramB. Thuranira, Jaden, DN NDERITU, Mulwa
Holding
The court finds that the Respondent was injured at work and holds the Appellant 100% liable. The award for general damages is upheld, and the Appellant is ordered to pay the Respondent's costs and interest.
Facts
The Respondent, Cheboswony, claimed special damages, general damages, costs, interest, and other relief after alleging he was injured at work on April 24, 2010. The Appellant, Bigot Flowers (Kenya) Ltd, denied the injury and claimed contributory negligence.
Issues
- Was the Respondent injured at work?
- Was the learned trial magistrate's finding of liability correct?
- Was the apportionment of contributory negligence correct?
- Are there legal reasons to disturb the award?
- Who meets the costs of the appeal?
Reasoning
The court finds the Respondent's evidence credible and the Appellant's evidence untruthful. The injuries were degloving injuries on both legs, and the Appellant was found liable for the accident.
Outcome
Appeal upheld
Orders
- Award of Kshs.220,000/= for general damages upheld
- Appellant held 100% liable for the accident
- Respondent awarded costs and interest
- Appellant ordered to pay Respondent's costs
Remedies
- General damages of Kshs.220,000/= upheld
- Appellant held 100% liable for the accident
- Respondent awarded costs and interest
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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