Africa Apparels EPZ Limited v John Namisi Kiveu [2020] KEHC 3070 (KLR)
- Court
- High Court of Kenya
- Case number
- 3070
- Citation
- [2020] KEHC 3070 (KLR)
- Decided
- 24 September 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Senior Resident MagistrateCoramL. Njuguna
Holding
The appeal is allowed, and the judgment of the trial court is set aside. The suit is dismissed with costs to the appellant.
Facts
The respondent, a former employee of the appellant, claimed general damages for pain and suffering and loss of amenities, special damages, and costs after being injured while on duty.
Issues
- Whether the trial court erred in finding the respondent injured while on duty
- Whether the trial court erred in finding the appellant 80% liable for the respondent's injuries
- Whether the trial court erred in awarding Kshs. 200,000 in damages
Reasoning
The court found that the trial court erred in finding the respondent injured while on duty and in awarding Kshs. 200,000 in damages. The court substituted the award with Kshs. 120,000.
Outcome
Appeal allowed, judgment set aside, suit dismissed with costs
Orders
- The suit is dismissed with costs to the appellant
Authorities cited
Cases cited (5)
- Francis Ochieng & another v Alice Kajimba [2015] eKLR
- Kreative Roses Limited v Olpher Kerubo Osumo [2014] eKLR
- Eastern Produce (K) Ltd (Savani Estate) v Gilbert Muhunzi Makotsi [2013] eKLR
- Hassan Farid & another v Sataiya Ene Mepukori & 6 others [2018] eKLR
- PF (Suing as next friend and father of SK (Minor) v Victor O Kamadi & another [2018] eKLR
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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