DAVID M. MBUTHIA v ALLIED INDUSTRIES LTD [2000] KEHC 344 (KLR)
- Court
- High Court of Kenya
- Case number
- 344
- Citation
- [2000] KEHC 344 (KLR)
- Decided
- 28 February 2000
Judgment be and is hereby entered at 100% against the defendant. The plaintiff is awarded Ksh.220,000 in general damages for pain and suffering and loss of amenities.
Facts
David M. Mbuthia, a garment cutter for Allied Industries Ltd., claimed damages for chronic sinusitics and a prolapsed intervertebral disc due to work-related injuries. The plaintiff alleged that his health was affected by the working environment, and he sought compensation for pain and suffering, loss of amenities, and future earnings.
Issues
- To the plaintiff’s disability related to industrial injuries or to common human degenerative condition?
- If it is related to industrial injuries, was it caused by the work condition in the defendants factory?
- Was the defendant negligent in providing unsafe conditions of work?
- Is the plaintiff entitled to damages as prayed in the Plaint?
Reasoning
The court found that the plaintiff's injuries were caused by his employment and were not due to common human degenerative conditions. The court awarded general damages of Ksh.220,000, but declined to award special damages as they were not pleaded or proved.
Outcome
Judgment in favor of the plaintiff, with costs awarded to the plaintiff and interest from the date of the judgment.
Authorities cited
Cases cited (1)
- Cecilia Mwangi & Another v Ruth Mwangi CA251/96 at Nyeri
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