Christine Kong’ani Juma v Flexpac International Limited [2017] KEHC 7984 (KLR)
- Court
- High Court of Kenya
- Case number
- 7984
- Citation
- [2017] KEHC 7984 (KLR)
- Decided
- 27 January 2017
The appeal is allowed, and the order dismissing the suit is set aside. Liability is apportioned at 50%, and the award of ksh.70,000/= as general damages is set aside in favor of ksh.200,000/=. The appellant is ordered to bear costs.
Facts
The appellant, Christine Kong’ani Juma, filed a civil action against Flexpax International Limited alleging that she was injured on November 5, 2006, while working at the respondent's premises. She claimed damages for the injuries. The respondent denied the claim.
Issues
- Whether there was sufficient evidence to wholly blame the appellant for the accident
- Quantum of damages
Reasoning
The court found that the appellant was an employee and that she was injured while at her place of work. However, the court determined that the appellant was not wholly responsible for the accident and that the respondent should share blame. The court also found the award of ksh.70,000/= to be inordinately low and substituted it with ksh.200,000/=. The court also set aside the special damages award of ksh.10,000/=
Outcome
Appeal allowed
Orders
- Order dismissing the suit is set aside
- Liability apportioned at 50%
- Award of ksh.70,000/= as general damages is set aside in favor of ksh.200,000/=
Remedies
- Net amount ksh.105,000/=
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