ELPHAS WANIRE MAKIN v EXCELLENT SECURITY SERVICES LTD [2002] KEHC 28 (KLR)
- Court
- High Court of Kenya
- Case number
- 28
- Citation
- [2002] KEHC 28 (KLR)
- Decided
- 11 June 2002
The court awards Kshs.500,000 in general damages, Kshs.300,000 for further medication, and Kshs.500,000 in total damages, reduced to the sum awardable by the Chief Magistrate's court's jurisdiction.
Facts
The Appellant, Elphas Wanire Makin, was a night guard for the Respondent, Excellent Security Services Ltd. He was attacked by robbers on 6.5.1993 at Ganjoni area, resulting in a serious head injury, loss of consciousness, and partial paralysis. He underwent medical treatment and was later diagnosed with post-traumatic convulsions, left-sided hemiparesis, and reduced sensation on the left side.
Issues
- Duty of care
- Workman's Compensation Claim
- Damages assessment
Reasoning
The court found that the Appellant sustained serious injuries and awarded damages based on similar cases.
Outcome
Appeal upheld, judgment for the Appellant.
Orders
- Judgment for the Appellant for Kshs.500,000 in general damages, Kshs.300,000 for further medication, and Kshs.500,000 in total damages.
- Interest at 14% from the date of judgment until full settlement.
- Costs to the Appellant on the sum awarded to be agreed upon between the parties or be taxed.
Authorities cited
Cases cited (1)
- Robinson Ndiri Gachui –vs- Kenya Tea Development Authority, Mombasa HCCC No.1679 of 1992 - Mbogholi, J.
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