Kakuzi Limited v David Karanja Ngoki [2015] KEHC 4722 (KLR)
- Court
- High Court of Kenya
- Case number
- 4722
- Citation
- [2015] KEHC 4722 (KLR)
- Decided
- 29 April 2015
The Appellant is 50% liable for the accident and the Respondent 50% liable. General damages are Ksh 50,000/= and special damages are Ksh 2,000/=. The Respondent shall have the costs of the suit in the lower court plus interest at court rates.
Facts
Respondent David Karanja Ngoki sued Appellant Kakuzi Limited for damages claiming he was injured when he was cut by a panga while working for the Appellant. The Appellant denied being the Respondent's employer and blamed the Respondent for the accident.
Issues
- Liability of the Appellant
- Quantum of damages
Reasoning
The court found the Respondent's evidence proved that he was injured while working for the Appellant. The court agreed with the Respondent on the Appellant's failure to provide protective gear, but disagreed on the extent of liability and quantum of damages.
Outcome
Appeal partly succeeds
Orders
- General damages Ksh 50,000/= and special damages Ksh 2,000/=
Remedies
- The Respondent shall have the costs of the suit in the lower court plus interest at court rates.
- Each party to bear own costs of this appeal.
Authorities cited
Cases cited (2)
- Mumias Sugar Co. Ltd vs. Samson Muvinda, Kakamega HCCA No. 58 of 2000 (unreported)
- Kemfro Africa Limited t/a Meru Express Services & Another vs A.M. Lubia and Another (No.2) (1982-88) L KAR 727
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