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