John Muthama Mulonzi v Associated Batteries Ltd [2016] KEHC 2265 (KLR)
- Court
- High Court of Kenya
- Case number
- 2265
- Citation
- [2016] KEHC 2265 (KLR)
- Decided
- 12 October 2016
The appeal is allowed. The Defendant is found liable to the Plaintiff at 70% liability. General damages Kshs.80,000 at 100% liability. Interests at court rates on above as from the 9th October 2013. Costs of this appeal and of the trial suit shall be paid by the Defendant with interest thereon at court rates.
Facts
The Appellant, John Muthama Mulonzi, was a casual labourer at the Respondent, Associated Batteries Ltd. He filed a case for damages for injuries sustained while cutting a plastic battery with an axe.
Issues
- Whether the Plaintiff failed to prove his case in the trial court.
- If he did, what amount of damages would be appropriate?
Reasoning
The court found the Plaintiff injured and treated at the Defendant's premises. The Defendant was found liable for negligence in providing protective gear, but the Plaintiff also contributed to his own injuries.
Outcome
Appeal allowed
Orders
- The Defendant is found liable to the Plaintiff at 70% liability.
- General damages Kshs.80,000 at 100% liability.
- Interests at court rates on above as from the 9th October 2013.
- Costs of this appeal and of the trial suit shall be paid by the Defendant with interest thereon at court rates.
Loading judgment…