Eldoret Steel Mills Limited v Gilbert Nganyi Nehemiah [2005] KEHC 2697 (KLR)
- Court
- High Court of Kenya
- Case number
- 2697
- Citation
- [2005] KEHC 2697 (KLR)
- Decided
- 3 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of a Resident MagistrateCoramGeorge Dulu, Ag. Judge
Holding
The appeal is dismissed, and the decision of the learned magistrate is upheld. The appellant is found 100% liable in negligence, and the respondent is awarded Kshs.200,000/= in general damages.
Facts
The respondent, Gilbert Nganyi Nehemiah, claimed he was an employee of Eldoret Steel Mills Limited and was injured on duty on July 18, 2002. He alleged the company failed to provide proper safety measures, leading to his injuries. The appellant, Eldoret Steel Mills Limited, denied the allegations and claimed the respondent contributed to the accident.
Issues
- Whether the learned trial magistrate erred in finding the appellant 100% liable in negligence
- Whether the learned trial magistrate erred in awarding damages
Reasoning
The court found no shifting of the burden of proof and that the damages awarded were not excessive given the severity of the injuries.
Outcome
Appeal dismissed
Orders
- The appellant is found 100% liable in negligence
- The respondent is awarded Kshs.200,000/= in general damages
Authorities cited
Cases cited (1)
- Stanley Maore vs Geoffrey Mwenda
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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