Ima Hauliers Limited v Samuel (Employment and Labour Relations Appeal 2 of 2023) [2023] KEELRC 1618 (KLR) (29 June 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1618
- Citation
- [2023] KEELRC 1618 (KLR)
- Decided
- 29 June 2023
Summary at a glance
TypeEmployment and Labour Relations AppealPostureAppeal from a judgment of Honorable S.O Mogute (PM) delivered on the 5th April, 2017CoramJW KELI
The court upholds the learned trial magistrate's decision on liability and the award on quantum damages.
Facts
Ima Hauliers Limited filed a claim against Welinga Waswa Samuel for damages resulting from an accident involving a tractor. Samuel sustained injuries and the trial magistrate awarded damages.
Issues
- Whether the learned trial magistrate erred in law and fact in finding on liability.
- Whether the award on quantum damages was justifiable.
Reasoning
The court re-evaluates the evidence and finds no error in the trial magistrate's decision on liability. The award on quantum damages is deemed justifiable.
Outcome
The appeal is dismissed with costs.
Orders
- The judgment of the trial magistrate is upheld.
- The appellant is awarded Kshs 101,000 in general and special damages.
- The appellant is awarded the costs of the suit and interest at court rates.
Authorities cited
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