West Kenya Sugar Company Limited v Milimo (Employment and Labour Relations Appeal E004 of 2022) [2023] KEELRC 938 (KLR) (20 April 2023) (Judgment)

Summary at a glance

Facts

The Appellant, West Kenya Sugar Company Limited, was alleged to have breached the duty of care by failing to provide protective gear and ensuring a safe environment, leading to an accident and injuries sustained by the Respondent, Sostine Salamba Milimo.

Issues

• Whether the trial learned magistrate arrived at the wrong conclusion on liability.
• Whether the quantum of damages awarded to the Respondent/Plaintiff were exorbitant with regard to injuries sustained.

Reasoning

The court re-evaluated the evidence and concluded that the trial magistrate's findings were flawed, particularly regarding the breach of duty of care and the excessive award of damages.

Outcome

The appeal was allowed, and the judgment and decree of the court appealed from were set aside. A new judgment was entered for the appellant dismissing the Respondent's case in the subordinate court.

Orders

• The appeal was allowed.
• The judgment and decree of the court appealed from were set aside.
• A new judgment was entered for the appellant dismissing the Respondent's case in the subordinate court.

Remedies

• The appellant was awarded costs of the appeal and the primary suit.

Authorities cited