Kapchorua Tea Estate Limited v Safania Ondieki Ongeri [2018] KEHC 787 (KLR)
- Court
- High Court of Kenya
- Case number
- 787
- Citation
- [2018] KEHC 787 (KLR)
- Decided
- 27 December 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the Senior Resident MagistrateCoramS. M GITHINJI
Holding
The appellant was found wholly liable for the deceased's injuries and was awarded 337,690/= in damages. The appeal is dismissed.
Facts
The deceased, a tea pruner, was injured on June 10, 2003, when a piece of stick hit him in the left eye. He was treated at various clinics and later developed cancerous growth that affected his right eye, leading to total blindness and death.
Issues
- Whether the deceased was an employee of the appellant
- Whether the appellant was negligent in providing protective gear
- Whether the award of damages was excessive
Reasoning
The court found the deceased was on duty on the day of the incident and that the appellant was negligent in not providing protective gear. The award of damages was not excessive.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- Selle and Another –vs- Associated Motor Boat Co. and others (1968) EA 123
- Butt –vs- Khan (1982–88) 1KAR,1
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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