ELDORET STEEL MILLS LIMITED V BENARD ASIKOYE [2012] KEHC 925 (KLR)
- Court
- High Court of Kenya
- Case number
- 925
- Citation
- [2012] KEHC 925 (KLR)
- Decided
- 17 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the learned retired Chief Magistrate Solomon WamwayiCoramM. K. Ibrahim, F. Azangalala
Holding
The appeal is dismissed with costs. The balance of the decretal amount held in joint account to be released to the Respondent.
Facts
The Respondent, Benard Asikoye, claimed general and special damages for an injury suffered at work on 20th August 2000. He blamed the Appellant, Eldoret Steel Mills Limited, for exposing him to a risk of injury, failing to advise or train workers on the safe use of the machine, and failing to ensure the workplace was safe. The Appellant was found 100% liable and awarded Kshs. 150,000/= as general damages.
Issues
- Whether the trial magistrate was in order to make a finding of 100% liability against the Appellant
- Whether the award of Kshs. 150,000/= was excessive for the nature of injuries suffered
Reasoning
The court agrees with the trial magistrate's finding of 100% liability and considers the award of Kshs. 150,000/= as reasonable for the nature of the injuries suffered.
Outcome
Appeal dismissed
Orders
- The balance of the decretal amount held in joint account to be released 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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