MBURU MUNGAI v MUMAKA CONSTRUCTION CO. LITD [2008] KEHC 1663 (KLR)
- Court
- High Court of Kenya
- Case number
- 1663
- Citation
- [2008] KEHC 1663 (KLR)
- Decided
- 19 September 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment dismissing the plaintiff's claim for damagesCoramH. M. OKWENGU
Holding
The appeal is dismissed with costs as the plaintiff failed to prove his case against the defendant
Facts
The plaintiff, a minor, was injured by falling stones at a construction site. The defendant, a construction company, was alleged to be responsible for the stones and the construction.
Issues
- Whether the plaintiff established his case against the defendant
- Whether the defendant called any evidence to controvert the plaintiff's evidence
Reasoning
The plaintiff's evidence was insufficient to connect the defendant to the plaintiff's claim. The burden of proof was on the plaintiff, who failed to discharge this burden.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with 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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