Peter Omolo v Match Masters Limited [2017] KEHC 2478 (KLR)
- Court
- High Court of Kenya
- Case number
- 2478
- Citation
- [2017] KEHC 2478 (KLR)
- Decided
- 13 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the original judgment and decree of Hon. C.A Otieno (Ms) delivered on 18th January, 2013 in Kikuyu CMCC No. 254 of 2011CoramL. NJUGUNA
Holding
The appeal succeeds and the Appellant will have judgment in the sum of Kshs. 108,000/- less contribution of 50% which works down to Kshs. 54,000/-.
Facts
The Appellant, Peter Omolo, was injured while greasing a farasi packing machine at the Respondent, Match Masters Limited's premises. The Appellant claimed negligence and breach of duty of care, while the Respondent denied the claim.
Issues
- Whether the judgment was against the weight of evidence
- Whether the trial magistrate erred in law and fact
- Whether the trial magistrate misdirected herself in taking account only the evidence of the Respondent
- Whether the trial magistrate misdirected herself in not apportioning liability
- Whether the trial magistrate erred in dismissing the suit without considering oral evidence and medical reports
- Whether the trial magistrate delivered a judgment amounting to a miscarriage of justice
Reasoning
The court found the injuries to be minor and awarded Kshs. 100,000 in general damages, Kshs. 3,000 for the medical report, and Kshs. 5,000 for the doctor's court attendance.
Outcome
Appeal successful
Orders
- Award of Kshs. 54,000 to the Appellant
Remedies
- Judgment in the sum of Kshs. 108,000/- less contribution of 50%
Authorities cited
Cases cited (4)
- Butt v Khan [1981] KLR 349
- Mariga v Musila [1984] KLR 257
- Timsales Limited V Penina Achieng Omondi [2011] eKLR
- Scofinaf Ltd V. Joshua Ngugi Mwaura NRB HCA 742 of 2003
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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