EASTERN PRODUCE KENYA LTD V JAMES MUSALE [2012] KEHC 4448 (KLR)
- Court
- High Court of Kenya
- Case number
- 4448
- Citation
- [2012] KEHC 4448 (KLR)
- Decided
- 20 April 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of Hon. J Njoroge (SRN) KAPSABET PMCC NO. 272 OF 2005CoramA. Mshila J
Holding
The court finds the trial magistrate's finding of liability to the Appellant correct and does not interfere with it. The court finds the award of Kshs 100,000/= for general damages not unreasonable.
Facts
On November 12, 2004, the Respondent was injured at the Appellant's premises when a log of wood hit him, resulting in severe injuries and loss and damage. The Respondent claimed damages for swollen right thigh and tender blunted trauma to both testicles.
Issues
- Liability
- Quantum
Reasoning
The court finds the employer not to be fully liable as the risk was foreseeable and the employer failed to provide a safe system of work. The court finds the award of damages reasonable.
Outcome
The appeal is disallowed. Each party bears its own costs.
Authorities cited
Cases cited (1)
- CLIFFORD –VS- CHARLES & SONS LTD (1951) ALL E.R
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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