NYAYO TEA ZONES DEVELOPMENT CORPORATION v MARGARET WANJIRU MBURU [2011] KEHC 968 (KLR)
- Court
- High Court of Kenya
- Case number
- 968
- Citation
- [2011] KEHC 968 (KLR)
- Decided
- 10 November 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Senior Resident MagistrateCoramJ.R. KARANJA
Holding
The defendant is liable for 40% of the plaintiff's injuries, and the plaintiff is liable for 60%.
Facts
The plaintiff, Margaret Wanjiru Mburu, was employed by the defendant, NYAYO Tea Zones Development Corporation, and was injured while plucking tea leaves on 16th October 2007. She was not provided with protective gear.
Issues
- Liability of the defendant for the plaintiff's injuries
- Quantum of damages
Reasoning
The court found that the defendant was liable for failing to provide protective gear, but the plaintiff was also liable for her failure to exercise caution.
Outcome
Appeal dismissed with costs to the respondent
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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