Bilashaka Flowers v Naisulaene Nairuko [2014] KEHC 6826 (KLR)
- Court
- High Court of Kenya
- Case number
- 6826
- Citation
- [2014] KEHC 6826 (KLR)
- Decided
- 14 February 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the lower courtCoramH.A OMONDI
Holding
The court finds the appellant 50% liable for the respondent's injuries and sets aside the trial court's finding of 100% liability. The court awards general damages of Kshs. 50,000/= and special damages of Kshs. 2,000/=
Facts
The respondent, Naisulaene Nairuko, claimed to have been injured while working for the appellant, Bilashaka Flowers, on June 28, 2008. She alleged that she cut herself using scissors and that the appellant was liable for the injury.
Issues
- Whether the respondent was an employee of the appellant at the time of the accident
- Whether the appellant was liable for the respondent's injuries
Reasoning
The court finds the appellant liable but not 100% responsible due to the respondent's contributory negligence. The court also reduces the general damages awarded by the trial court.
Outcome
The appeal is partially successful, and the appellant is entitled to half the costs of the appeal.
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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