Kantara Farm Limited v Richard Ochoro Osir [2014] KEHC 121 (KLR)
- Court
- High Court of Kenya
- Case number
- 121
- Citation
- [2014] KEHC 121 (KLR)
- Decided
- 14 February 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Principal Magistrate, NaivashaCoramR.P.V. WENDOH
Holding
The appeal is allowed on both liability and quantum. The respondent will have judgment for Kshs.80,000/- in general damages and Kshs.1,500/- in special damages.
Facts
Richard Ochoro Osir was injured at work on 18/9/06 while repairing and installing fences for Kantara Farm Limited. The appellant (Kantara Farm Limited) was sued for damages.
Issues
- Whether the respondent was on duty on the date of the accident
- Proper apportionment of liability between the parties
- Reasonableness of the award of damages
Reasoning
The court found that the respondent was not fully liable, apportioning 15% liability to the respondent and 85% to the appellant. The court reduced the award of damages from Kshs.160,000/- to Kshs.80,000/-.
Outcome
Appeal allowed
Orders
- Judgment for the respondent for Kshs.80,000/- in general damages and Kshs.1,500/- in special damages
Remedies
- Kshs.10,000/- in expenses less 15% contribution
Authorities cited
Cases cited (2)
- Butler v Butler (CA 49/1983)
- Socfinaf Company Ltd v Joshua Ngugi Mwaura CA 742/03
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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