BENSON AWINO JURA V FOAM MATTRESS LIMITED [2012] KEHC 2745 (KLR)
- Court
- High Court of Kenya
- Case number
- 2745
- Citation
- [2012] KEHC 2745 (KLR)
- Decided
- 20 July 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the trial magistrate dismissing the appellant's claim for breach of contract and statutory duty.CoramALI-ARONI JUDGE
Holding
The appellant was found to be an employee of the respondent and owed a statutory duty of care. The appellant was found to have contributed to the accident and was awarded Kshs.450,000/= in damages.
Facts
The appellant, Jason Awino Jura, was an employee of the respondent, Foam Mattress Limited, who was working at a construction site when he was injured by a stone. The respondent denied the allegations.
Issues
- Whether the appellant was an employee of the respondent.
- Whether the respondent owed a statutory duty of care to the appellant.
- Whether the appellant was blameless in the circumstances of the accident.
- Whether the appellant contributed to the accident and deserves to be awarded damages.
Reasoning
The court found the appellant to be an employee based on the evidence of the form LD 104/1 and the respondent's duty of care to provide a safe environment and protective gear. The appellant's failure to wear necessary protective gear was found to be contributory negligence.
Outcome
Affirmed the judgment of the lower court.
Orders
- Awarded the appellant Kshs.450,000/= in damages.
- Set aside the judgment of the lower court.
Remedies
- Damages of Kshs.450,000/=
Authorities cited
Legislation (1)
- Section 4, Chapter 236 of the Laws of Kenya
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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