Timsales Limited v Patrick King’ori Mwangi [2015] KEHC 6199 (KLR)

Facts

The Respondent, Patrick King’ori Mwangi, filed a suit against the Appellant, Timsales Limited, alleging that he was injured while in the course of his employment on January 17, 2002, while tightening spring nuts of a motor vehicle. The Respondent claimed negligence and breach of contract, while the Appellant denied the injury and the claim.

Issues

1. Whether the Respondent was injured while in the cause of employment with the Appellant on January 17, 2002 and if so whether the trial court erred in law and fact in holding the Appellant wholly to blame in negligence.
2. Whether the treatment card outpatient No. 1002/2002 from Elburgon Nyayo Hospital in the name of the Respondent was a genuine card or was falsified and whether the same could be admitted in evidence to support the Respondent’s injuries.
3. Whether failure for the Respondent to produce hospital documents that were in custody of the hospital, being a Public Health Institution was fatal to the Respondent’s claim.
4. Whether the trial magistrate erred in his assessment of damages awardable to the Respondent.

Reasoning

The court found the treatment card to be unauthenticated and thus the injury was not proved. The court also noted the lack of hospital documents.

Outcome

The appeal is allowed, the trial court’s judgment is set aside, and an order dismissing the Respondent’s suit is substituted.