SOUTH NYANZA SUGAR CO. LTD v DANIEL ODEK MATOKA [2011] KEHC 1133 (KLR)
- Court
- High Court of Kenya
- Case number
- 1133
- Citation
- [2011] KEHC 1133 (KLR)
The appeal is allowed, and the judgment and decree of the learned magistrate is set aside. The respondent's suit is dismissed with costs.
Facts
The respondent, Daniel Odek Matoka, claimed compensation for injuries sustained while cutting sugar cane for the appellant, South Nyanga Sugar Co. Ltd. He alleged that the appellant breached its statutory duty of care towards him. The appellant denied the claim, stating that the respondent was not its employee and that the injury was caused by his own negligence.
Issues
- Whether the respondent was an employee of the appellant
- Whether the appellant breached its statutory duty of care towards the respondent
- Whether the respondent's injury was caused by his own negligence
Reasoning
The court found that the respondent was not an employee of the appellant and that the injury was caused by his own negligence. The appellant did not breach its statutory duty of care.
Outcome
Appeal allowed, respondent's suit dismissed with costs
Orders
- Respondent's suit dismissed with costs
- Appellant's costs of the appeal
Authorities cited
Cases cited (1)
- Winfield and Jolcwicz on Tort, 13th Edition
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