PETER WAKA TUNGANI v MATHAI TIMBER & HARDWARE SUPPLIES LTD [2006] KEHC 69 (KLR)
- Court
- High Court of Kenya
- Case number
- 69
- Citation
- [2006] KEHC 69 (KLR)
- Decided
- 17 November 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePersonal InjuryPosturePlaintiff won with a reduced awardCoramMARTHA KOOME
Holding
The court finds the defendant liable for the accident and awards the plaintiff Kshs.578,160/- in total.
Facts
The plaintiff, Peter Waka Tungani, was an employee of the defendant, M/s Mathai Timber & Hardware Supplies Ltd, who was injured when the tractor he was riding on broke its mudguard and fell on him, resulting in the amputation of his right hand.
Issues
- liability
- quantum
Reasoning
The court found the defendant liable for the accident and awarded damages based on the plaintiff's injuries and future earning capacity.
Outcome
Plaintiff wins with reduced damages
Orders
- Plaintiff awarded Kshs.578,160/- in total
- Plaintiff entitled to costs of the suit
Remedies
- Damages awarded
Authorities cited
Cases cited (3)
- Mulenge vs Deluxe Cosmetics Ltd [1990] K.L.R page 725
- Mariga vs Musila [1984] K.L.R page 251
- Butter vs Butter [1984] KLR 225
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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