KENYA TEA DEVELOPEMNT AGENCY LIMITED v JOSHUA NYAKUNDI NYAKONI [2011] KEHC 2223 (KLR)
- Court
- High Court of Kenya
- Case number
- 2223
- Citation
- [2011] KEHC 2223 (KLR)
- Decided
- 4 May 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of Hon. Ingutya Senior Resident Magistrate in original Kisii CMCC No. 631 of 2004CoramASIKE-MAKHANDIA
Holding
The appeal is dismissed with costs to the respondent
Facts
The plaintiff, Joshua Nyakundi Nyakoni, was a casual worker at Kiamokoma Tea Factory. On January 28, 2004, he was sweeping spillages around the machine when the conveyor belt trapped his left arm, resulting in injuries.
Issues
- Whether the defendant was liable for the plaintiff's injuries
- The quantum of damages awarded by the trial court
Reasoning
The court found that the defendant was liable for the plaintiff's injuries due to the failure to ensure a safe working environment. The award of general damages of Kshs. 200,000 was within the acceptable range.
Outcome
Appeal dismissed
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