Eldoret Steel Mills Limited v Gilbert Nyanchoka Mogoi [2014] KEHC 2617 (KLR)
- Court
- High Court of Kenya
- Case number
- 2617
- Citation
- [2014] KEHC 2617 (KLR)
- Decided
- 7 October 2014
The court finds no merit in the appeal, except for the quantum of damages awarded. The court sets aside the judgment on liability and substitutes it with an order that the Appellant shall shoulder liability at 100%. The damages payable to the Respondent are Ksh. 90,000/= for general damages and Ksh. 2,000/= for special damages, totaling Ksh. 92,000/=. Costs of the lower court suit and three quarters of the costs of this appeal shall be borne by the Appellant.
Facts
The Respondent, Gilbert Nyanchoka Mogoi, was an employee of the Appellant, Eldoret Steel Mills Limited. He was involved in a factory accident on February 2, 2009, and blamed the Appellant for not providing a safe working environment. The trial court awarded him 90% liability and 10% contributory negligence.
Issues
- Liability
- Award of damages
- Jurisdiction of the Magistrate's court
Reasoning
The court re-evaluates the evidence and finds that the Appellant was liable for 100% of the damages. The court holds that the Magistrate's court had jurisdiction to hear the claim, despite the Appellant's contention that the Industrial Court should have heard it.
Outcome
Appeal partly succeeds, with the quantum of damages awarded reduced.
Orders
- Set aside the judgment on liability against the Respondent at the 10% contributory negligence
- Substitute it with an order that the Appellant shall shoulder liability at 100%
- Damages payable to the Respondent shall be as follows: (a) General damages - Ksh. 90,000/=(b) Special damages - Ksh. 2,000/=(Total - Ksh. 92,000/=)
- Costs of the lower court suit and three quarters of the costs of this appeal shall be borne by the Appellant
Authorities cited
Legislation (2)
- Employment Act (Act No. 11 of 2007)
- Labour Institutions Act (Act No. 12 of 2007)
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