Savannah International Ltd v Ruth Asuko Olusala [2021] KEHC 2159 (KLR)
- Court
- High Court of Kenya
- Case number
- 2159
- Citation
- [2021] KEHC 2159 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Honourable Esther K. Kimilu, P.M.CoramAg., Denning, In P., Kimaru, Lord Denning, Nyarangi, P.
Holding
The court held that the plaintiff's evidence was uncontroverted and that the defendant's case was that the plaintiff was off duty on the material day.
Facts
The plaintiff, an employee of the defendant, was injured at the defendant's work place on 11/04/2014 when a colleague stepped on a wagon, splashing chemical liquid on her face. The defendant opposed the claim, alleging the plaintiff's negligence and failure to report the incident.
Issues
- Whether the plaintiff produced evidence that she suffered the accident at the defendant's premises on 11/04/2014 and whether such evidence was controverted by the defendant.
- Whether the quantum awarded was inordinately high in the circumstances.
Reasoning
The court emphasized the standard of proof required on a balance of probabilities and noted that the plaintiff's evidence was uncontroverted.
Outcome
The appeal was dismissed.
Authorities cited
Cases cited (5)
- Abok James Odera & Associates v John Patrick Machira t/a Machira & Co. Advocates [2013] eKLR
- LAWI WEKESA WASIKE v MATTAN CONTRACTORS LIMITED[2016]eKLR
- Stephen Wasike & Another v Security Express Ltd [2006]eKLR
- William Kabogo Gitau vs. George Thuo & 2 Others [2010] 1 KLR 526
- Palace Investment Ltd vs. Geoffrey Kariuki Mwenda & Another (2015) 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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