Peter Migiro v Valley Bakery Limited [2015] KEHC 883 (KLR)
- Court
- High Court of Kenya
- Case number
- 883
- Citation
- [2015] KEHC 883 (KLR)
- Decided
- 12 November 2015
The appeal is allowed, the judgment of the trial court is set aside, and the suit is dismissed with costs.
Facts
The respondent claimed damages for an alleged industrial accident on December 27, 2002, at the appellant's bakery. He alleged that he was injured while pushing a loaded trolley that hit a pothole. The respondent claimed he was not given gumboots and was given first aid at the workplace. He later went to the St. Peters Clinic on December 28, 2002, and was treated by Dr. Obed Omuyoma on July 4, 2003.
Issues
- Whether the respondent was the appellant's employee at the material date
- Whether the respondent was injured at work
- Whether the trial court erred in finding the appellant liable
Reasoning
The court found that the respondent failed to produce initial treatment notes, which were crucial to prove the injury. The medical report, on which the damages were based, was not probative due to the lack of initial treatment notes.
Outcome
Appeal successful
Orders
- Judgment of the trial court set aside
- Suit dismissed with costs
Remedies
- Appellant to bear costs of the appeal and the court below
Authorities cited
Cases cited (2)
- Amalgamated Saw Mills Ltd -vs- Stephen Muturi Nguru Nakuru HCCA NO. 75 OF 2005
- Timsales Ltd -vs- Harun Wafula HCCC 95 of 2005
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