LUCY WAIRIMU WATHAKA vs SOKORO PLYWOOD LIMITED (? 55 of 2001) [2004] KEHC 2245 (KLR) (23 March 2004)
- Court
- High Court of Kenya
- Case number
- 2245
- Citation
- [2004] KEHC 2245 (KLR)
- Decided
- 23 March 2004
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment awarding damages in a civil caseCoramDANIEL K. MUSINGA, AG. JUDGE
Holding
The liability is apportioned 20% to the appellant and 80% to the respondent. The general damages are awarded Kshs.64,000/- (80% of Kshs.80,000/-).
Facts
The appellant, Lucy Wairimu Wathaka, was injured in an industrial accident at the respondent's premises on February 5-6, 1998. She was 60% at fault for the accident, and the respondent was 40% at fault.
Issues
- Appellant's liability for the accident
- Appropriate amount of general damages
Reasoning
The court found the appellant 60% at fault but reduced this to 20% due to her familiarity with the work environment. The court also reduced the general damages from Kshs.20,000 to Kshs.64,000.
Outcome
Appeal allowed with costs to the appellant
Authorities cited
Cases cited (1)
- BUTLER VS BUTLER [1984] K.L.R. 225
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