Elgeyo Saw Mills v Atanas Mulup Buruti [2005] KEHC 1842 (KLR)
- Court
- High Court of Kenya
- Case number
- 1842
- Citation
- [2005] KEHC 1842 (KLR)
- Decided
- 6 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment entered in favor of the RespondentCoramJEANNE GACHECHE
Holding
The appeal is allowed, the judgment is set aside, and the Respondent’s suit is dismissed. Each party bears its own costs.
Facts
The Respondent, Atanas Mulup Buruti, sued his employer, Elgeyo Saw Mills, claiming negligence due to lack of protective clothing, resulting in chemical burns to his face and right eye.
Issues
- Whether the trial court erred in finding the Appellant negligent
- Whether the trial court erred in awarding damages
- Whether the trial court erred in finding the Respondent not to be contributorily negligent
Reasoning
The court found that the Respondent was not contributorily negligent and that the Appellant was negligent for failing to provide protective clothing. The court also found that the damages awarded were excessive.
Outcome
Appeal allowed, judgment set aside, suit dismissed
Orders
- Judgment set aside
- Suit dismissed
Remedies
- Each party bears its own costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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