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Wamalwa v Mahee Flowers Limited (Civil Suit 16 of 2015) [2016] KEMC 10 (KLR) (21 July 2016) (Judgment)

[2016] KEMC 10 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
10
Citation
[2016] KEMC 10 (KLR)
Decided
21 July 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeIndustrial Accident CompensationPostureAppeal from a judgment in a civil suit
Holding

The court awards Kshs. 165,000/= in general damages and Kshs. 3,750/= in special damages, totalling Kshs. 168,750/=.

Facts

Dennis Wekesa Wamalwa, an employee of Mahee Flowers Limited, was involved in an industrial accident on 10/05/2012. He filed a suit for general and special damages, including treatment charges and medical reports.

Issues

  1. Quantum of damages
  2. Liability determination

Reasoning

The court found the defendant 75% liable and awarded damages based on the plaintiff's medical reports and the defendant's admission of liability.

Outcome

Defendant found liable and ordered to pay damages

Orders

  • Judgment entered against the defendant for Kshs. 165,000/= in general damages and Kshs. 3,750/= in special damages

Remedies

  • General damages for pain and suffering
  • Special damages for treatment and medical report

Authorities cited

Cases cited (2)
  • Savannah Development Co. Ltd Vrs Posts And Relecommunicatons Employees Housing Co-op Society Ltd
  • Kenya Shell Ltd Vrs Benjamin K. Kibiru
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.
Full judgment 0.2 MB · PDF

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