Joshua Ogamba Momanyi v Menengai Oil Refineries Limited [2020] KEHC 1815 (KLR)

Facts

The appellant, Joshua Ogamba Momanyi, was an employee of the respondent, Menengai Oil Refineries Limited, and was injured on June 2, 2015, while working in the car wash. The appellant claimed damages for the injuries, but the trial magistrate dismissed the suit with costs to the defendant.

Issues

1. Whether the trial magistrate erred in law and fact in disregarding the appellant's claim of breach of contract
2. Whether the trial magistrate erred in law and fact in failing to appreciate and take into account the events as presented by the appellant
3. Whether the trial magistrate erred in law and fact in making the conclusion that the appellant's claim was not supported by evidence
4. Whether the trial magistrate misdirected herself in condemning the appellant to bear the defendant's costs

Reasoning

The appellant failed to prove his case on a balance of probabilities and the injuries were not caused by the defendant's negligence.

Outcome

Appeal dismissed