Nkaruarau Lejumurt v Vegpro (K) Limited t/a Kantara Farm [2018] KEHC 7584 (KLR)

Facts

The Appellant, Nkaruarau Lejumurt, sued the Respondent, Vegpro (K) Limited t/a Kantara Farm, in the Yatta Principal Magistrate’s Court Civil Case No. 8 of 2013, seeking damages for injuries sustained on 3rd September, 2012. The Appellant alleged that he was lawfully employed as a watchman and was attacked by unknown thugs while on duty.

Issues

1. Whether the Respondent is liable for the injuries suffered by the Appellant.
2. Whether the Appellant is entitled to any damages and if so, the quantum.

Reasoning

The Court of Appeal held that the Appellant was lawfully employed by the Respondent and that the Respondent was not liable for the injuries sustained by the Appellant. The Court also found that the Appellant failed to prove the negligence of the Respondent.

Outcome

Appeal dismissed

Authorities cited