RAIPLYWOODS (K) LTD v JOSEPH SIMIYU SEMEI [2011] KEHC 2516 (KLR)
- Court
- High Court of Kenya
- Case number
- 2516
- Citation
- [2011] KEHC 2516 (KLR)
- Decided
- 10 June 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Senior Resident MagistrateCoramJ. R. KARAN
Holding
The appellant is found 60% liable and the respondent 40% liable. The award of Kshs.150,000/- general damages is confirmed but modified to reflect the culpability ratio.
Facts
The respondent, Joseph Simiyu Semei, was employed by the appellant, Raiplywoods (K) Ltd., as a general worker. On September 25, 2004, while performing his duties, he was injured by a power saw, resulting in severe injuries.
Issues
- Whether the appellant exposed the respondent to risk and failed to provide protective gear
- Quantum of damages awarded by the trial court
Reasoning
The court found the appellant negligent for not providing adequate protective gear and a safe system of work, but the respondent was also negligent for not exercising caution.
Outcome
Appeal successful in part, respondent awarded Kshs.90,000/- in general damages.
Orders
- Judgment entered for the respondent in the sum of Kshs.150,000/- general damages for pain, suffering and loss of amenities less 40% contribution negligence plus costs and interest of the suit (i.e Kshs.90,000/-). Each party shall bear own costs of appeal.
Remedies
- General damages of Kshs.90,000/-
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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