C. P. C Industrial Products (K) Limited v Samuel Kirwa Kosgei [2005] KEHC 2116 (KLR)
- Court
- High Court of Kenya
- Case number
- 2116
- Citation
- [2005] KEHC 2116 (KLR)
- Decided
- 6 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of Chief MagistrateCoramGeorge Dulu, Kipnyekwei
Holding
The appeal is dismissed. The learned magistrate's decision is upheld. The respondent is ordered to bear the costs of the appeal.
Facts
The appellant, CPC Industrial Products (K) Limited, was sued by Samuel Kirwa Kosgei for negligence. Kosgei claimed he was an employee of the appellant, but the appellant denied this. The appellant was found negligent for assigning and supervising the work, despite the respondent being an employee of Copan Agencies Limited.
Issues
- Whether the appellant was negligent
- Whether the appellant was the employer of the respondent
- Whether the learned magistrate erred in finding the respondent 20% contributory negligent
- Whether the learned magistrate erred in awarding damages
Reasoning
The appellant was found negligent for assigning and supervising the work, despite the respondent being an employee of Copan Agencies Limited. The respondent was found 20% contributory negligent.
Outcome
Appeal dismissed
Orders
- Costs of the appeal to be to the respondent
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.
Loading judgment…