Nandi Tea Estates Ltd v George Ochieng Oduong [2015] KEHC 377 (KLR)
- Court
- High Court of Kenya
- Case number
- 377
- Citation
- [2015] KEHC 377 (KLR)
- Decided
- 5 November 2015
The court finds no basis to interfere with the quantum of general damages awarded to the respondent by the learned trial magistrate. Special damages in the sum of Kshs.1,500/- were specifically pleaded and proved. The award of Kshs.161,500 special and general damages is therefore upheld.
Facts
The respondent, George Ochieng Oduong, was employed by the appellant, Nandi Tea Estates Ltd, as a general worker. On 13th July, 2011, while working in the appellant's premises, he was injured when a heap of soil fell on him.
Issues
- Whether the learned trial magistrate erred in apportioning liability between the parties in the ratio of 70:30% with the appellant shouldering the greater percentage of 70%.
- Whether the quantum of damages awarded were excessive or manifestly high as to be unreasonable.
Reasoning
The court notes that the injuries sustained by the respondent were classified as soft tissue injuries that had healed at the time of examination, save for occasional pains in the affected areas. The court considers the evidence and submissions on quantum and finds the award of Ksh.160,000/- for general damages reasonable.
Outcome
The appeal is partially successful, and the respondent's award of Kshs.161,500 special and general damages is upheld. The appellant is ordered to pay the respondent's costs in the lower court.
Orders
- The appellant shall pay the respondent's costs in the lower court.
- The amount awarded will attract interest at court rates from today's date until full payment.
Authorities cited
Cases cited (2)
- Butt V Khan (1982-88) KAR 1
- Lucy Nthambi Mumo Munyoki vs Josephat Bett Kimtai Nairobi HCCC No. 2034 of 1993
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