African Diatomite Industries Limited v Christopher Osinamongo Otwane (Suing as the Legal Representative of the Estate of Hillary Omella Otwane) [2007] KEHC 1353 (KLR)
- Court
- High Court of Kenya
- Case number
- 1353
- Citation
- [2007] KEHC 1353 (KLR)
- Decided
- 16 March 2007
AI Summary
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TypeCivil AppealPostureAppeal from the Judgment and decree of the Hon. Hellen Wasilwa – SRM in Nakuru Chief Magistrate’s Court CMCC No. 1554 of 2003CoramMARTHA KOOME
Holding
The appeal is partly successful, with the loss of dependency award set aside and substituted with a sum of Kshs. 482,216.
Facts
The deceased, Hillary Omella Otwane, was a casual worker at SoySambu estate where he was employed by the appellant, African Diatomite Industries Limited. On January 20, 2001, a quarry collapse occurred, resulting in the deceased's fatal injuries.
Issues
- liability of the appellant for the accident
- quantum of damages
Reasoning
The court found the appellant liable for the accident but set aside the loss of dependency award, substituting it with a sum of Kshs. 482,216.
Outcome
The judgment of the lower court is substituted with the award of Kshs. 482,216 with costs.
Authorities cited
Cases cited (2)
- Nairobi Hccc No.2774 of 1992
- Nairobi Hccc No. 4742 of 1987
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