DWA Estate Limited v Joseph Kalamba Nthuku [2014] KEHC 1897 (KLR)
- Court
- High Court of Kenya
- Case number
- 1897
- Citation
- [2014] KEHC 1897 (KLR)
- Decided
- 9 October 2014
The court finds the appellant liable in negligence to the extent of 80% against the respondent 20%. The court reduces the award of general damages from Kshs. 150,000/= to Kshs. 120,000/=. The appellant is entitled to Kshs. 96,000/= with costs and interest in the Lower Court.
Facts
The respondent, Joseph Kalamba Nthuku, filed a suit against DWA Estate Limited, the appellant, seeking general and special damages. The respondent alleged that he was an employee of the appellant and that the appellant was negligent in ensuring his safety while in the course of employment. The appellant denied the allegations and argued that the respondent was on leave and not on duty when he was injured.
Issues
- Appellant's liability in negligence
- Quantum of damages awarded
Reasoning
The court re-evaluated the evidence and found that the respondent was on duty when he was injured. The court also found that the appellant failed to provide protective gear and ensure safety, contributing to the accident. The court reduced the damages awarded due to the lapse of time since the injury.
Outcome
Appeal upheld in part, judgment set aside in part, and reduced award of damages.
Orders
- Costs of the appeal to be borne by each party
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