DWA Estate Limited v Niko Mulaki Katambuka [2015] KEHC 4729 (KLR)
- Court
- High Court of Kenya
- Case number
- 4729
- Citation
- [2015] KEHC 4729 (KLR)
- Decided
- 29 April 2015
The Respondent was found to be an employee and injured while on duty, but the Appellant was found to be 50% liable. The appeal is allowed, and the judgment is modified to award Ksh 50,000/= in general damages, Ksh 2,000/= in special damages, and 50% of the costs.
Facts
Respondent Niko Mulaki Katambuka sued Appellant DWA Sisal Estate Limited for damages for injuries allegedly sustained while working for the Appellant. The Respondent claimed he was an employee and was injured while cutting sisal, blaming the Appellant for not providing gumboots. The Appellant denied the Respondent's claims.
Issues
- Whether the Respondent was an employee of the Appellant
- Whether the Respondent was injured while on duty
- Whether the Appellant was liable for the injuries
- Whether the award of damages was excessive
Reasoning
The court found the Respondent to be an employee and injured while on duty, but also found the Appellant to be 50% liable. The award of damages was deemed excessive and reduced to Ksh 50,000/=. The Appellant was also ordered to pay 50% of the costs.
Outcome
Appeal allowed, judgment modified
Orders
- General damages Ksh 50,000/=
- Special damages Ksh 2,000/=
- 50% of the costs
Authorities cited
Cases cited (3)
- STATPACK INDUSTRIES VS JAMES MBITHI NBI HCCA 152 OF 2003
- KEMFRO AFRICA LIMITED T/A MERU EXPRESS SERVICE GATHOGO KANINI VS A. M. LUBIA AND OLIVE LUBIA [1982-1988] 1 KAR 727
- Eldoret Steel Mills Limited VS. Jotham Wekesa Wanami [2012] eKLR
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